"With Prejudice" means that you cannot file again about this issue. "Without Prejudice" means you can file again about the same issue.When the judge dismisses a lawsuit without prejudice, it means you can refile the lawsuit later. A case is dismissed without prejudice if 1) it is not resolved on the merits but for some reason is technically deficient as filed and the judge so rules. 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 . You can use the statute of limitations as an affirmative defense in your case to get it dismissed without prejudice. Either way, "without prejudice" means that the same claim can be brought to court again in the future. Contents. By contrast, a case dismissed with prejudice is finally over and cannot be reopened or re-filed. This temporary dismissal means that the plaintiff is allowed to re-file charges, alter the claim, or bring the case to another court.