[net.legal] Legal Phrase

reg@whuxl.UUCP (Gunderman) (02/13/86)

Would one of you lawyers kindly explain to me what the phrase "with
prejudice" means when added to a standard legal form "26-Stipulation of
Dismissal", especially when the form includes the phrase "The matter...having
been amicably adjusted by and between the parties...".

mcb@styx.UUCP (Michael C. Berch) (02/17/86)

In article <990@whuxl.UUCP> reg@whuxl.UUCP writes:
> Would one of you lawyers kindly explain to me what the phrase "with
> prejudice" means when added to a standard legal form "26-Stipulation of
> Dismissal", especially when the form includes the phrase "The matter...having
> been amicably adjusted by and between the parties...".

A dismissal WITH prejudice means that the plaintiff forever waives the right
to re-file the complaint at a later date. It is a "permanent" dismissal.
A dismissal WITHOUT prejudice means that the plaintiff may re-file the
complaint at a later time.

Michael C. Berch, J.D. 
ARPA: mcb@lll-tis-b.ARPA
UUCP: {akgua,allegra,cbosgd,decwrl,dual,ihnp4,sun}!idi!styx!mcb