This might occur if a plaintiff, who planned on withdrawing his small claims case to move it to regular civil court, changes his mind, and wishes to continue in small claims. What is a Dismissal A civil lawsuit may be dismissed without completing the process and obtaining a judgment.
Plaintiff — A person who brings a legal action against another person or entity, such as in a civil lawsuit, or criminal proceedings.
An involuntary dismissal with prejudice may be ordered for any number of reasons, which the judge will specify.
Distinguishing Between Dismissal with and without Prejudice If a lawsuit or a claim is dismissed without prejudice, the party asserting the lawsuit or claim can re-plead, meaning he may try again, this time correcting whatever deficiencies existed in the original lawsuit or claim.
Voluntarily dismissing a case with prejudice means the plaintiff does not intend, or has no grounds to; re-file the lawsuit at a later date.
Outside of mistrial or appeal, the rule for whether or not a case is dismissed with or without prejudice thus depends on what condition the case is in and whether " jeopardy " has attached to the case.
Dismissal[ edit ] A civil matter which is "dismissed with prejudice" is over forever.