This forms asks the court to dismiss the case. The form says "with prejudice" or "without prejudice.That the accused chooses to defer providing such information without prejudice. What is the point of the "without prejudice" rule? Only use the term "without prejudice" when commenting upon, communicating or responding to a settlement proposal or offer. If you do not reset your case at least five (5) days before the court date, or, appear at the hearing, the court will dismiss your case without prejudice. Sometimes the parties dismiss a case without prejudice because the case has settled but the terms of the settlement may not be completed for a period of time. This guide examines the issues that parties to a dispute should consider when seeking to negotiate terms of settlement. ADAM D.K. ABELKOP, an individual;. Santa Clara Unified School District, 121, Cal.App.