If you’ve ever been involved in a legal case in California, you may have come across the phrase “dismissed without prejudice.” While it sounds like a minor technicality, this phrase has significant legal meaning and practical consequences — especially if you’re considering refiling a case or defending against one that might return.
This article breaks down everything you need to know about what a dismissal without prejudice means in California, how it works and what rights and risks are involved for plaintiffs, defendants, and prosecutors alike.
What Does “Dismissed Without Prejudice” Mean?
A dismissal without prejudice means that the case has been closed, but not permanently. The party who brought charges may file the case again in the future — assuming they do so within the legal time limits and follow proper procedures.
This type of dismissal is often granted for procedural reasons, like paperwork errors or a need for more time to gather evidence. It allows for a second chance, unlike a dismissal with prejudice, which closes the door to bringing the same claim again.
How It Works in Civil Cases
In California civil courts, dismissals without prejudice are commonly used when the plaintiff decides to pause or rework their case — often before trial begins. These dismissals may be requested voluntarily by the plaintiff or ordered by the court.
When a Plaintiff Can Dismiss Without Prejudice
Under California’s procedural laws, plaintiffs can usually request a dismissal without prejudice:
-
Before the trial officially begins.
-
When no counterclaims have been filed by the defendant.
-
If the dismissal is part of a settlement.
-
When correcting technical issues like improper service or naming the wrong defendant.
If the case is dismissed before trial and no significant progress has been made in court, judges typically allow it to be dismissed without prejudice, giving the plaintiff the right to refile the case later.
When It May Not Be Allowed
Once a trial starts, or if the defendant has filed a counterclaim, dismissing a case becomes more complicated. In many situations, a plaintiff who asks for dismissal after trial begins may not be allowed to refile — the court could treat it as a dismissal with prejudice, permanently closing the case.
Courts may also limit repeated dismissals that appear to be abusive or meant to delay justice.
Dismissals Without Prejudice in Criminal Cases
In criminal proceedings, a dismissal without prejudice usually means that the prosecution can refile the charges. This often happens when:
-
The prosecutor needs more time to gather evidence.
-
A key witness becomes temporarily unavailable.
-
There are errors in how the charges were filed.
However, prosecutors must still act within the time limits set by law, known as the statute of limitations. If they wait too long to refile, the charges may become invalid.
When a Criminal Dismissal Becomes Final
If the court finds serious misconduct, constitutional violations, or repeated failures to prosecute, a criminal dismissal might be ordered with prejudice. That means the case is closed for good, and charges cannot be brought again.
Common Reasons for Dismissals Without Prejudice
Here are typical situations where a case might be dismissed without prejudice:
-
Filing mistakes — Wrong court, incorrect legal claims, or missing documents.
-
Settlement — The parties reach an agreement and decide to end the case.
-
Missing parties — One or more key people in the case weren’t properly included or notified.
-
Need to amend — The plaintiff wants to revise the complaint to include new information.
-
Lack of preparation — The prosecutor or plaintiff isn’t ready to proceed.
These dismissals give the filer a second chance — but they still have to act within time limits and correct whatever issue led to the dismissal.
What Happens After a Dismissal Without Prejudice?
You Can Refile — But There’s a Deadline
A dismissal without prejudice doesn’t stop the clock. The time allowed to file or refile a case — known as the statute of limitations — continues to run. If too much time passes, even a dismissal without prejudice won’t let the filer try again.
It Doesn’t Count as a Final Decision
A case dismissed without prejudice doesn’t create a final ruling on the facts. This means it won’t prevent the case from being heard again, nor will it bar related claims in the future (known as res judicata).
You May Still Go Back to Court (in Settlements)
California law allows courts to retain limited jurisdiction over settlement agreements even after a case is dismissed without prejudice. This means if someone fails to follow through on a deal made during the case, the court can step in and enforce it.
Civil vs. Criminal: Key Differences
| Feature | Civil Case | Criminal Case |
|---|---|---|
| Can the case be refiled? | Yes, if within time limits | Yes, unless time expires or barred |
| Who requests dismissal? | Usually plaintiff | Usually prosecutor |
| Reason for dismissal | Strategy, settlement, errors | Lack of evidence, timing, errors |
| Risk to defendant | Case may return | Charges can be refiled |
| Final ruling? | No | No, unless with prejudice |
Frequently Asked Questions
Q: Can I be sued again after a case is dismissed without prejudice?
Yes, the case can be filed again — unless the statute of limitations has passed.
Q: Can a court change a dismissal from “without” to “with” prejudice?
Yes, especially if dismissal is requested after trial begins or if certain legal conditions apply.
Q: Will a dismissal without prejudice show on my record?
In criminal cases, yes — but it also shows that the charges were dismissed. In civil cases, court records will show the case was filed and later dismissed.
Q: Can I ask for a case to be dismissed without prejudice?
If you’re the plaintiff or prosecutor, yes. Defendants can’t usually force this kind of dismissal, but they can file motions that might lead to one.
Q: How many times can a case be dismissed without prejudice?
There’s no strict limit, but courts may eventually require a final decision if a case is dismissed repeatedly without progress.
Final Thoughts
A dismissal without prejudice might sound like the end — but in legal terms, it’s often just a pause. Whether you’re defending yourself, or facing criminal charges, understanding what this type of dismissal means can help you protect your rights, preserve your options, and avoid surprises.
Need Legal Help Navigating a Dismissal?
Don’t leave your legal future to chance. Whether you’re dealing with a recent dismissal or planning your next legal move, Southwest Legal can help you understand your rights, evaluate your options, and take the next step with confidence. Call us today for a free consultation. Prompt, experienced, and dedicated to results. Let our team guide you through California’s legal system — the right way.
