This is called a dismissal without prejudice. There are three ways to deliver legal papers to start a case.Orders to Show Cause are argued on the date indicated in the order unless otherwise adjourned with the consent of the court. A without prejudice letter is a communication between the parties, made for the purpose of settling a dispute. You can use the statute of limitations as an affirmative defense in your case to get it dismissed without prejudice. Only use the term "without prejudice" when commenting upon, communicating or responding to a settlement proposal or offer. What does UCC 1 308 without prejudice mean?