Without prejudice means you can file again about the same issue you put in the Complaint you filed if you need to. Dismissal without prejudice is when a criminal case is dismissed against the accused.In a criminal law context, "dismissed without prejudice" means that the prosecutor can refile your case at a later date. Only use the term "without prejudice" when commenting upon, communicating or responding to a settlement proposal or offer. Missed without prejudice. Section 1915(a)(2) requires all persons who want to pursue a case without paying the filing fee to file a document called an affidavit. Without prejudice to any party's legal position. Be dismissed with prejudice because an expert affidavit was not filed with the original petition. No prejudice resulted from the use of these phrases.