(Complete in all cases except family law cases.) With prejudice. Without prejudice. Complaint. Petition.Insufficient Evidence: A case may be dismissed without prejudice if the plaintiff has not presented enough evidence to prove their claim. "Dismissed without prejudice" means that the prosecutor can refile your case at a later date. The terms of this Agreement and Release are contractual and not a mere recital. The order in which the paragraphs appear in the Agreement has no significance. How can I reopen a civil case that was dismissed without prejudice? There was an unlawful detainer filled against me but I lived out of state . A case that is dismissed "without prejudice" is only dismissed temporarily. This temporary dismissal means that the plaintiff is allowed to re-file charges.