Without prejudice (disposes of the lawsuit and any claim about the same facts or dispute can only be filed before the legal deadline). File the Request for Dismissal with the court.Bring the originals and copies of the Request for Dismissal to the clerk at the courthouse. "Dismissed without prejudice" means that the prosecutor can refile your case at a later date. Insufficient Evidence: A case may be dismissed without prejudice if the plaintiff has not presented enough evidence to prove their claim. You can either dismiss with prejudice or without prejudice. If you file a dismissal with prejudice, that means that you can never refile the case. A dismissal with prejudice may not be final when a party previously dismissed with prejudice fails to act timely when there is an attempt to rejoin them. This form may not be used for dismissal of a derivative action or a class action or of any party or cause of action in a class action. (Cal. Even though you dismissed this defendant without prejudice, they are still entitled to their costs.