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If a decision or action is made without prejudice to a right or claim, it is made without having an effect on that right or claim: My client accepts the formal apology without prejudice to any further legal action she may decide to take.
A dismissal with prejudice means that the ruling is the final judgment in the case. The dismissal prohibits the prosecutor from refiling the charges. In a dismissal without prejudice, the prosecutor can refile the charges (or file new charges based on the same circumstances) at some future time.
The motion to dismiss is a defendant's request that the case be thrown out, usually because of a deficiency in the complaint or the way the complaint was served on the defendant. Failure to state a claim is the most common grounds for dismissal. A judge can dismiss a claim with or without prejudice.
?With prejudice? means that you cannot re-file your case ever. ?Without prejudice? means that you can re-file your case at a later date (as long as you are still within the statute of limitations).
(a) The court on motion of the defendant must dismiss the charges stated in a criminal pleading if it determines that: (1) The statute alleged to have been violated is unconstitutional on its face or as applied to the defendant. (2) The statute of limitations has run.
[4] As evidence when both parties to the without prejudice material agree that it should be admitted in court. For example, a letter marked ?without prejudice save as to costs? could be shown to a judge after the conclusion of a case to make a ruling on any outstanding costs issues.
Prejudice ? the victim would have suffered prejudice by reason of altering his position to his detriment after relying upon the misrepresentation. Potential prejudice is also sufficient if it is reasonably possible that the victim, relying on the misrepresentation, would have suffered harm.