Insufficient Evidence: A case may be dismissed without prejudice if the plaintiff has not presented enough evidence to prove their claim. To dismiss, complete and file CIV110, Request for Dismissal: • Dismiss with prejudice means the plaintiff cannot sue for this same claim again.In the US, "without prejudice", means "you can come back later and file the case again. Without prejudice means you can file again about the same issue you put in the Complaint you filed if you need to. Generally, a case is dismissed with prejudice if jeopardy is attached (the government can never refile it). 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 of a criminal charge without prejudice means that the government can re-file the criminal charge. Dismissed with prejudice: A dismissal with prejudice means that a final judgment has been entered on the merits. The following defendant(s):. 2.