If the plaintiff fails to recommence the action in the out-of-state forum within the sixty day period, the court shall dismiss the action without prejudice. In the years since Ohio adopted the Rules of Evidence, Ohio has added rules codifying the common law on certain topics that the rules had not addressed.Only use the term "without prejudice" when commenting upon, communicating or responding to a settlement proposal or offer. This guide examines the issues that parties to a dispute should consider when seeking to negotiate terms of settlement. This letter can be marked without prejudice. Can we settle out of court, without going to trial?