OCGA § 9-11-41 allows the court to dismiss the action and restrict the dismissal to one without prejudice. What is the point of the "without prejudice" rule?(1) Dismissals (with or without prejudice);. Wise, the dismissal is without prejudice. You can use the statute of limitations as an affirmative defense in your case to get it dismissed without prejudice. The without prejudice privilege applies to communications and documents made or created in the course of genuine negotiations to settle a dispute. This Practice Note explains the without prejudice rule that affects the admissibility of evidence relating to genuine settlement negotiations. WITHOUT PREJUDICE: Without a final decision on the merits which would prevent the claim from being re-filed.