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Hawaii Stipulation for Dismissal with Prejudice of All Claims and Parties

State:
Hawaii
Control #:
HI-KH-026-10
Format:
PDF
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A10 Stipulation for Dismissal with Prejudice of All Claims and Parties
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FAQ

Dismissal with prejudice is a final judgment and the case becomes res judicata on the claims that were or could have been brought in it; dismissal without prejudice is not.

In the formal legal world, a court case that is dismissed with prejudice means that it is dismissed permanently. A case dismissed with prejudice is over and done with, once and for all, and can't be brought back to court. A case dismissed without prejudice means the opposite.

When a lawsuit is dismissed with prejudice, the court is saying that it has made a final determination on the merits of the case, and that the plaintiff is therefore forbidden from filing another lawsuit based on the same grounds.

A stipulated dismissal is always a voluntary agreement between the parties. After the court makes a determination of how much the defendant should pay, the parties can enter into the agreement and have it entered as an order by the judge.

A case will be dismissed with prejudice if there is reason for the case not to be brought back to court; for example, if the judge deems the lawsuit frivolous or the the matter under consideration is resolved outside of court.

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Hawaii Stipulation for Dismissal with Prejudice of All Claims and Parties