Pleadings and Motions
Dispositive Motions
A dismissal with prejudice adjudicates the claim on the merits for preclusion purposes, barring refiling. Dismissal without prejudice permits refiling subject to the limitations period.
Involuntary dismissals are presumptively with prejudice in federal practice absent specified exceptions.
Alternative Names:
With Prejudice Dismissal, Final Dismissal
Why it Matters?
Securing prejudice is the point of any dismissal a defendant obtains, since a dismissal without prejudice leaves the exposure intact where limitations have not run. Rule 41(b) makes most involuntary dismissals operate as adjudications on the merits except those for jurisdiction, venue, or failure to join a party. Settlement dismissals should specify prejudice explicitly rather than relying on the default.
Frequently Confused with
Related terms
Frequently asked questions
Which involuntary dismissals lack prejudice?
Should settlement dismissals specify prejudice?
