If you dismiss with prejudice, you can no longer re-file that suit. In the formal legal world, a court case that is dismissed with prejudice means that it is dismissed permanently.When a court dismisses an action, they can either do so "with prejudice" or "without prejudice. The decision as to how a case is dismissed relies on either a judge or the law itself. A: If your case was dismissed without prejudice, you generally have the opportunity to refile it. When a judge dismisses pending criminal charges, the case is either dismissed with prejudice or without prejudice. Sloan Law Firm can help. Settlement Privilege. Generally, a dismissal without prejudice has the same effect as if the party did not file. Dismissal with prejudice or dismissal without prejudice, what's the difference?