Most frequently referring to a court procedure where a case or issue is dismissed but allowing the party against whom the dismissal is made to re-litigate or re-present the issue. None of the rights or privileges of the party are lost or waived. It signifies an absence of a decision on the merits and prevents a party from asserting a defense of Res Judicata. For example, a criminal case may be dismissed, without prejudice and before a jury is empanelled, allowing a prosecutor to collect more evidence and continue the prosecution against the defendant again from where it left. Where an offer or admission is made “without prejudice,” or a motion is denied or a bill in equity dismissed “without prejudice,” it is meant as a declaration that no rights or privileges of the party concerned are to be considered as thereby waived or lost except in so far as may be expressly conceded or decided.
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