This form is a sample order dismissing plaintiff's cause of action without prejudice.
North Carolina Personal Injury - Order Dismissing Cause Without Prejudice
State:
Multi-State
Control #:
US-PI-0295
Format:
Word;
Rich Text
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How to fill out Personal Injury - Order Dismissing Cause Without Prejudice?
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FAQ
Whereas a case that is dismissed ?with prejudice? is dismissed permanently, a case that is dismissed ?without prejudice? is only dismissed temporarily. This temporary dismissal means that the plaintiff is allowed to re-file charges, alter the claim, or bring the case to another court.
It is established in California that a voluntary dismissal without prejudice is not a judgment on the merits, and, as such, has no claim-preclusive effect upon a later suit.
If an action commenced within the time prescribed therefor, or any claim therein, is dismissed without prejudice under this subsection, a new action based on the same claim may be commenced within one year after such dismissal unless the judge shall specify in his order a shorter time.
Dismissal without prejudice means that the judge dismissed the plaintiff's or prosecutor's case without damaging their right to have their matter heard in court later. A prosecutor may ask to withdraw the case against a person to have more time to make a case stronger, find more evidence or question other witnesses.
Under the Two Dismissal Rule, a second dismissal of a plaintiffs same claims operates as a decision on the merits, prohibiting that plaintiff from raising the same claims for a third time.
A court may allow a plaintiff to voluntarily withdraw from the suit through a Rule 41(a) dismissal without prejudice if the plaintiff would suffer hardship from continuing the suit. Also, under Rule 37(b)(2), a court may dismiss without prejudice to sanction a party acting in bad faith.