Pennsylvania Dismissal Without Prejudice
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How to fill out Dismissal Without Prejudice?
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FAQ
Whereas a case that is dismissed ?with prejudice? is dismissed permanently, a case that is dismissed ?without prejudice? is only dismissed temporarily. This temporary dismissal means that the plaintiff is allowed to re-file charges, alter the claim, or bring the case to another court.
Primary tabs. When a court dismisses an action, they can either do so ?with prejudice? or ?without prejudice.? Dismissal with prejudice means that the plaintiff cannot refile the same claim again in that court.
Rule 229. (a) A discontinuance shall be the exclusive method of voluntary termination of an action, in whole or in part, by the plaintiff before commencement of the trial.
Rule 231 - Second Action (a) After a discontinuance or voluntary nonsuit the plaintiff may commence a second action upon the same cause of action upon payment of the costs of the former action. (b) After the entry of a compulsory nonsuit the plaintiff may not commence a second action upon the same cause of action.
Code § 587 - Motion for Dismissal. (a) Untimely Filing of Information. (1) Upon motion and a showing that an information has not been filed within a reasonable time, the court may order dismissal of the prosecution, or in lieu thereof, make such other order as shall be appropriate in the interests of justice.
Dismissal without prejudice means that the judge dismissed the plaintiff's or prosecutor's case without damaging their right to have their matter heard in court later. A prosecutor may ask to withdraw the case against a person to have more time to make a case stronger, find more evidence or question other witnesses.
For example, an employer might admit in a without prejudice communication that it had failed to carry out certain procedures which might otherwise render a dismissal unfair, but the employee would normally not be able to show that admission to an Employment Tribunal to try and prove their claim.
A motion to dismiss for lack of personal jurisdiction is usually granted without prejudice (meaning the plaintiff can re-file in another forum). See Point of Law (POL). So before filing a motion to dismiss, consider whether the current forum is in fact better than the alternatives.
