When somebody signs a "nonsuit without prejudice" what does it mean?
The company i've been working for had a lawsuit against us that we knew was ridiculous, i don't really need to go into the details, but we just got a letter saying that the person in the suit against us just signed a "nonsuit without prejudice". What does that mean?
Answers:
It means that the case will be dismissed (nonsuit) and can be refiled within the statute of limitations (without prejudice) if the person desires.
A nonsuit without prejudice, means a judgment against a plaintiff for failure to prosecute the case or to introduce sufficient evidence. The without prejudice language means that the party can amend the compliant (most likely by adding in the proper evidentiary requirements) and refile. In short, the court felt the compliant/suit did not meet the requirements for whatever cause of action they were claiming, but the plaintiff can fix the problems and refile.
As a side note, if the judgment had been nonsuit with prejudice, the court would basically be saying that the compliant lacks the requirements and the court will not allow the plaintiff to refile. Claim barred from being brought.
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