Go to navigation Go to content
Toll-Free: 888.716.8021
Phone: 208.344.5555
Morton Law Offices, Chartered

What is the distinction between the dismissal of a lawsuit with prejudice versus one without prejudice?


A dismissal with prejudice means that the case has been dismissed by order of the court, and neither party may renew the action by filing another lawsuit thereafter for the same causes of action or claims of relief set forth in the case that was just dismissed.

A dismissal without prejudice allows the parties to renew the filing of the lawsuit after the case is dismissed.

However, if a case is dismissed after the statute of limitations has past, then the refiling of the action would time barred by the expiration of the statute of limitations resulting in the new lawsuit being dismissed by way of summary judgment.

Dismissals without prejudice may be based upon a number of reasons including, but not limited to, an attorney's noncompliance with a court order.

If your case has been dismissed due to an attorney’s lack of due diligence or malpractice in your case, you should contact an experienced legal malpractice trial attorney for a free initial consultation. Boise Personal Injury and Legal Malpractice Trial Attorney Alan Morton has over 31 years of experience as a trial attorney. You can contact him by calling to schedule a free initial consultation at 208.344.5555 or toll free at 888.716.8021 or by completing the online contact form at http://www.mortonlawyers.com/contact.cfm. You may also wish to visit the testimonial page of Mr. Morton’s former clients at http://www.mortonlawyers.com/testimonials.cfm.

Alan Morton
Advocate for Justice/Trial Lawyer