Recommence the action in the out-of-state forum within the sixty day period, the court shall dismiss the action without prejudice. What is the point of the "without prejudice" rule?Interest, bias, prejudice, or disqualification is based and the facts to support each of those allegations. The Revised Code and the Rules of Practice. This stipulation of dismissal and proposed order template may be used in an Ohio civil case to dismiss a case with prejudice upon settlement. If neither the Plaintiff nor the Defendant appears for small claims trial, the case will also be dismissed without prejudice. This guide examines the issues that parties to a dispute should consider when seeking to negotiate terms of settlement. 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. Days shall be dismissed forthwith and without prejudice. On the other hand, defending the insured for as long as two months was not sufficient to prejudice the insured.