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Fill out the form called "Notice of Voluntary Dismissal Without Prejudice" (NOTICE). This temporary dismissal means that the plaintiff is allowed to re-file charges, alter the claim, or bring the case to another court.A case dismissed without prejudice means the opposite. It's not dismissed forever. When a court dismisses a criminal case without prejudice, the prosecutor has the option of refiling the charges later on. A plaintiff may only take a voluntary dismissal without prejudice under Rule 41(a) once. The court may, within its discretion, enter a general judgment of dismissal, "without prejudice. " Oregon Revised Statute (ORS) 12. Now, in Gist, the court announces that the Steenson rule does not apply if the judgment was a voluntary dismissal with prejudice. We will conclude that in such a conflict, a defendant's right to a dismissal with prejudice prevails.
