A Stipulation of Dismissal With or Without Prejudice

There are two ways a lawsuit can be dismissed: with or without prejudice. A lawsuit that is dismissed with prejudice means the plaintiff is not allowed to bring another lawsuit concerning the same issue in the future. A lawsuit dismissed without prejudice may be re-filed in the future. Dismissals without prejudice usually occur when the plaintiff is not ready to sue, or does not have some vital piece of information, and is common in small claims actions, in which the parties are not represented by attorneys. A stipulation of dismissal is usually assumed to be a dismissal with prejudice, otherwise the plaintiff would be able to sue the defendant again over the same issue


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