Dismissal Without Prejudice Definition

A dismissal of a case, claim, or defense that allows the party bringing it to bring it again in the same or any future lawsuit.

Dismissal without prejudice is common in settlement agreements. Suppose the defendant fails to pay the plaintiff the full settlement amount. The plaintiff needs to refile the lawsuit making some or all of the same claims to collect the amount due. A dismissal without prejudice allows the plaintiff to refile the case.

See also dismiss, dismissal with prejudice.