Difference Between Dismissed With Or Without Prejudice

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What is dismissal?

When a case is dismissed, Cases dismissed with no further action anticipated. it means the court will not proceed with the case, even if there has not been a full trial When the issues of a case are heard in court and decided by a judge or jury or a final judgment. An official decision by a court that ends the dispute between parties The dismissal stops the case from moving forward in court regardless of the case’s status.

A case can be dismissed voluntarily or involuntarily, and a dismissal can be made with or without prejudice. It is essential to know what kind of dismissal your case faces and if that dismissal is with or without prejudice.

What is voluntary dismissal?

Voluntary dismissal happens when the person who filed the case (the plaintiff A person or party that starts a lawsuit or petitioner) A person who makes a written request to a court asks to end their own case or withdraw their petition. (noun) A written request to a court (verb) To request from a court

• This is allowed under 735 ILCS 5/2-1009(a).
• This can happen at any time in proceedings and will bring the case to a close.
  • Generally, a plaintiff or petitioner may dismiss their case before a trial When the issues of a case are heard in court and decided by a judge or jury or hearing When the parties in a case present their sides of a case to a judge or other officer begins.
• The plaintiff or petitioner must tell the other side and the court, and pay any court costs The fees for going to court, including filing, serving, and getting transcripts the judge requires.

A voluntary dismissal is often without prejudice, meaning the plaintiff or petitioner can file the case again later.

What is involuntary dismissal?

Involuntary dismissal happens when a judge ends the case, either because of a motion to dismiss or their own decision, because of a legal or procedural problem.

• The defendant The person or organization being sued in a lawsuit or respondent A person who has a petition filed against them can ask for an involuntary dismissal by filing a motion to dismiss. For example, if they believe the case was filed too late, in the wrong court, or doesn’t state a valid legal claim upon which the court can base relief, the defendant or respondent can move to have the court dismiss it.
• The judge can also dismiss a case on their own motion, or "sua sponte", if it’s been inactive for a long time or if a party A person or business involved in a court case in a role like plaintiff, petitioner, defendant, respondent, or intervenor. failed to follow court rules. Judges have a lot of discretion in dismissing a case sua sponte.

Most involuntary dismissals are with prejudice, meaning they are final, and the plaintiff A person or party that starts a lawsuit or petitioner A person who makes a written request to a court cannot file the same case again. However, some are dismissed Cases dismissed with no further action anticipated. without prejudice and are eligible for reopening if the problem can be corrected, such as when the case was filed in the wrong court or the judge didn’t have jurisdiction. The legal authority of a court to hear and decide a case. Also a region where a court has authority.

What is dismissal with prejudice?

A dismissal with prejudice means the case is permanently closed and cannot be filed again. The judge has made a final decision on the legal issues in the case.

Judges use this kind of dismissal when:

• The person who filed the case cannot prove any facts that would support a valid legal claim, or
• The case has serious legal problems that cannot be fixed by modifying, changing, or refiling the complaint. A written statement to start a lawsuit that says what the defendant did

For example, a judge might dismiss a personal injury case with prejudice if the plaintiff A person or party that starts a lawsuit filed it after the statute of limitations expired. Because the deadline has passed, the plaintiff cannot refile the case.

Judges are careful about dismissing cases with prejudice. The burden for this kind of permanent closure is high. They usually do so only when it’s clear there is no possible set of facts that would allow the plaintiff or petitioner A person who makes a written request to a court to win. If your case was dismissed Cases dismissed with no further action anticipated. with prejudice, you can appeal the judge’s decision to a higher court, but you can’t start over and file the same case again.

What is dismissal without prejudice?

A dismissal without prejudice means the case is not permanently closed and may be filed again with certain corrections or modifications.

For example, a judge might dismiss a case without prejudice if you filed it in the wrong county. You may be able to refile the same claim later, but you must still follow all deadlines for refiling. The judge’s decision does not decide the facts or legal issues in the case.

A dismissal without prejudice gives you another chance to:

• Fix mistakes in your paperwork or complaint, A written statement to start a lawsuit that says what the defendant did or
• Gather more information or evidence Anything used to show that something is true before filing again.

Judges often use this type of dismissal when the problem can be fixed by refiling or amending the case.

What should I know before voluntarily dismissing my own case?

Before you decide to withdraw your case and ask that the court voluntarily dismiss it, think carefully about timing and possible consequences.

• If you voluntarily dismiss your case, it is normally without prejudice, which means you can file it again later. This is not a guarantee.
• You usually have one year from the date of dismissal, or the time left under the statute of limitations, whichever is longer, to refile your case. You can only use this one-year rule once. You cannot keep dismissing and refiling to get more time.
• If the statute of limitations has already expired or runs out before you refile, you may lose your right to bring the case back.
• If the other side has already filed a motion that could end your case, such as a motion to dismiss or a motion for summary judgment, A court decision made by a judge on the basis of statements and evidence presented for the court record without a trial the judge can decide that motion first before allowing you to dismiss your case, potentially increasing the likelihood that the case is dismissed Cases dismissed with no further action anticipated. with prejudice.

If you are thinking about dismissing your own case, make sure you understand why you are doing it and what deadlines still apply before you decide. Statutes of limitations Length of time to file a suit in court before a person is no longer legally able to can be difficult to calculate. Talk to a lawyer Someone who represents clients in courts or who gives legal advice to make sure you understand the deadlines that apply to your case.

Note: The right to voluntarily dismiss a case before trial When the issues of a case are heard in court and decided by a judge or jury applies to the party A person or business involved in a court case in a role like plaintiff, petitioner, defendant, respondent, or intervenor. that filed the claim being dismissed. That is usually the plaintiff A person or party that starts a lawsuit or petitioner, A person who makes a written request to a court but it can also include a defendant The person or organization being sued in a lawsuit or respondent A person who has a petition filed against them who filed a counterclaim A claim in a court case brought by the responding side (defendant). It is against the side who started the case (plaintiff). or third-party claim.

If my case was dismissed without prejudice, how long do I have to refile?

In most cases, you can refile:

• Within one year from the date your case was dismissed, Cases dismissed with no further action anticipated. or
• Within the time left under the statute of limitations for your type of case, whichever gives you more time.

Important: Statutes of limitations Length of time to file a suit in court before a person is no longer legally able to can be difficult to calculate. Talk to a lawyer Someone who represents clients in courts or who gives legal advice to make sure you understand the deadline that applies to your situation.

Before you refile, make sure you understand why and how your case was dismissed.

This one-year rule usually applies when your case was dismissed for procedural reasons. For example:

• You withdrew your case,
• The judge dismissed it because you did not move it forward, or
• There was a technical issue, like filing in the wrong county.

However, the one-year rule does not apply if:

• The judge already made a final decision on the legal issues in your case, or
• The statute of limitations had already expired when your case was dismissed, or
• Your case was dismissed because you didn’t serve Giving court documents to someone the defendant The person or organization being sued in a lawsuit or respondent A person who has a petition filed against them on time after the deadline expired.

In these situations, even if the order says “without prejudice,” you may not be able to refile, and the dismissal may effectively be final, like one “with prejudice.”

Last full review by a subject matter expert January 16, 2026 Last revised by staff February 20, 2026

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Motion Easy FormThis Easy Form helps you ask a judge to do something in a case you are involved in. Fee waiver Easy FormThis Easy Form helps you ask the court to waive or reduce filing fees. Appearance Easy FormThis Easy Form makes an Appearance form that tells the court and the other parties that you are participating in a court case. It can also make an optional Jury Request.

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Forms

Motion Easy FormThis Easy Form helps you ask a judge to do something in a case you are involved in. Fee waiver Easy FormThis Easy Form helps you ask the court to waive or reduce filing fees. Appearance Easy FormThis Easy Form makes an Appearance form that tells the court and the other parties that you are participating in a court case. It can also make an optional Jury Request.

Learn more

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