Generally, a case is dismissed with prejudice if jeopardy is attached (the government can never refile it). The following defendant(s):. 2.The name, address, and phone number of each party appearing without a lawyer. 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 "without prejudice" order is a valuable tool in an attorney's arsenal. A dismissal with prejudice is a dismissal that is final and cannot be reversed. When a court dismisses an action, they can either do so "with prejudice" or "without prejudice. If you need someone to testify who is not willing to come to court, you can get an order to appear. You may want to talk to a lawyer about how to do this.