A case that is dismissed "without prejudice" is only dismissed temporarily. This temporary dismissal means that the plaintiff is allowed to re-file charges.If you dismiss with prejudice, you can no longer re-file that suit. A dismissal with prejudice means that the ruling is the final judgment in the case. The dismissal prohibits the prosecutor from refiling the charges. When a Virginia court dismisses a case, the dismissal order may state that the dismissal of the case is either "with prejudice" or "without prejudice." If you wish to start a civil action in federal court, but do not have an attorney to represent you, you may bring your case on your own. A plaintiff has an absolute right to request a dismissal without prejudice and has a right to re-file their case. (a) If neither the plaintiff nor the defendant appears, the Court must dismiss the action without prejudice to the right of the plaintiff to refile.