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Definition of With Prejudice

If a judge dismisses a case with prejudice it means the plaintiff may not bring the lawsuit for the same cause to the court a second time. A common reason to dismiss a case with prejudice is because of misconduct by the prosecution, the plaintiff acted in bad faith or the plaintiff failed to follow the rules of the court. Cases can also be settled voluntarily by the defendant and plaintiff before it goes to court if both parties agree to a settlement.

If a civil case is dismissed by the judge with prejudice this means the plaintiff is barred from bringing another lawsuit for the same incident and action back to the court again. In a criminal case if a case is dismissed with prejudice it means the defendant cannot be charged and brought to court a second time for the same offense. This is where we get the term "double jeopardy."

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