You should consult with a local attorney. Generally, a dismissal without prejudice has the same effect as if the party did not file.This page is intended to provide basic information about the legal process, statutes, local court rules, and general court administration. If you dismiss with prejudice, you can no longer re-file that suit. A case dismissed with prejudice is over and done with, once and for all, and can't be brought back to court. If you are a pro se litigant, this guide will help you to understand some of the legal terms you are likely to hear as your case proceeds. You can use the statute of limitations as an affirmative defense in your case to get it dismissed without prejudice. A case can be dismissed "with prejudice" or "without prejudice. A case can be dismissed "with prejudice" or "without prejudice. When a court dismisses an action, they can either do so "with prejudice" or "without prejudice.