A case that is dismissed "without prejudice" is only dismissed temporarily. This temporary dismissal means that the plaintiff is allowed to re-file charges.This is called a dismissal without prejudice. Other motions to dismiss ask for dismissal with prejudice. (Sign in front of Notary). Name (print or type): Address: Telephone Number: Email: Sworn to and Subscribed before me this ________day of ______. A case is dismissed without prejudice if 1) it is not resolved on the merits but for some reason is technically deficient as filed and the judge so rules. "Dismissed without prejudice" is a legal term that means a case is dismissed but can still be refiled at a later point. You should consult with a local attorney. Generally, a dismissal without prejudice has the same effect as if the party did not file.