Information on Small Claims Dismissal Without Prejudice

Types

• Lawsuits can be dismissed in small claims court with or without prejudice. Which option the judge chooses can affect future proceedings in the matter before the court.
  
  

Without Prejudice

• A dismissal without prejudice means that the plaintiff is free to file the case again.
  
  

With Prejudice

• A dismissal with prejudice means that the case can never be filed again in any form whatsoever. The matter is final.
  
  

Appeal

• A dismissal without prejudice does not automatically mean the case is eligible for the filing of an amended complaint, but it cannot be appealed.
  
  

Other Actions

• If you are the plaintiff, you cannot, if your case was dismissed with prejudice or if you lost a case, file another cause of action if that cause of action will use any issues of fact that are common to both cases; this is called collateral estoppel.