Other motions to dismiss ask for dismissal with prejudice. This means that the case can't be started again.(Sign in front of Notary). Name (print or type): Address: Telephone Number: Email: Sworn to and Subscribed before me this ________day of ______. Delivering legal papers is called "service of process". The law says that legal papers have to be "served" (delivered) the right way. OCGA § 9-11-41 allows the court to dismiss the action and restrict the dismissal to one without prejudice. Operational Hours AM - PM Mon. As a member of the Fulton County Board of Registration and Elections ("BRE"), Plaintiff has no legal power to decide to not certify an election. We must therefore remand to the trial court for entry of an order dismissing the plaintiffs' complaint without prejudice.