Dismissals under Rule 41(a)(2) are without prejudice unless otherwise stated. A case that is dismissed "without prejudice" is only dismissed temporarily.This temporary dismissal means that the plaintiff is allowed to re-file charges. A dismissal with prejudice means that the ruling is the final judgment in the case. The dismissal prohibits the prosecutor from refiling the charges. The pay without prejudice period plays an important role in workers compensation cases. It can be found at MGL Chapter 152, Section 8(1). "Dismissed without prejudice" is a legal term that means a case is dismissed but can still be refiled at a later point. The period of the first 180 days after you are injured in Massachusetts is a "pay without prejudice" period. "This case arises out of a contract dispute.