Other motions to dismiss ask for dismissal with prejudice. This means that the case can't be started again.A motion on notice or a notice of petition in a New York Supreme Court E-File (hereafter known as NYSCEF) case, as in others, shall be made returnable. Sample PDF Form The docketing (step-by-step) instructions for docketing a Notice of Voluntary Dismissal is listed below, under the form. The Speedy Trial Act requires the Court, in determining whether to dismiss the action without prejudice, to weigh the impact of reprosecution. The court found Plaintiff's fraud claim to be without merit and dismissed the entire complaint with prejudice. A without prejudice clause in a contract ensures that each party in the contract maintains their legal rights and privileges. A case that is dismissed "without prejudice" is only dismissed temporarily. This temporary dismissal means that the plaintiff is allowed to re-file charges. 160.50 Order upon termination of criminal action in favor of the accused. 1.