Dismissal with prejudice

What dismissal with prejudice means

In practice, you will see dismissal with prejudice in pleadings, motions, orders and court rules. The definition above explains the general meaning. Even so, the meaning can shift with context. Therefore, always read it alongside the rule or document where it appears.

Where dismissal with prejudice comes up

For example, the term appears in these procedures:

• Voluntary Dismissal (Fed. R. Civ. P. 41(a)): the ways a plaintiff can end its own case.
• Involuntary Dismissal (Failure to Prosecute) (Fed. R. Civ. P. 41(b)): a motion to dismiss because the plaintiff failed to prosecute or to comply with the rules or a court order.

How to research the term

To research dismissal with prejudice, begin with the rule, statute or contract where the word is used. Each one can give it a slightly different meaning. Then compare that text with how courts in your area have applied it. Also check the local rules of your court, since they can add requirements. If your case is in state court, the state rules control. So start with our state procedures guide to find them. In the end, always confirm that the source you rely on is current.

You can read the official rule text online for free.

Related legal terms

• Dismissal without prejudice: a dismissal that does not bar the plaintiff from bringing the claim again.
• Stipulation: an agreement between the parties on a procedural or factual matter, often filed with the court.
• Settlement: an agreement resolving a dispute without a final court decision.

Why precise terms matter

Legal words often look like everyday words, but they can carry a precise meaning. Because of that, a small misreading can change how you understand a deadline, a duty or a right. Our glossary keeps each definition short and links it to the procedures where it matters.