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Rule 41 an indicates that a plaintiff may have his case dismissed as a matter of right that is without permission of any court at any time before the defendant files his answer or his motion to dismiss well 41 a further states that if all parties agree at any point in the litigation or at any time the court allows it the case will be dismissed the rules state that such dismissal will be without prejudice rule 41 B States at this missile for failure to prosecute which means that the plaintiff just simply doesn't do anything for a really long time or for any dismissal not covered by rule 41 except for the three that I'll mention in a second are deemed an adjudication on the merits for those three exceptions or lack of jurisdiction improper venue and failure to join an indispensable party under Rule 19 dismissal for any of those is not an adjudication on the merits in addition we mentioned earlier that dismissal for failure to serve the complaint within a hundred twenty days after filing would be deemed to dismissal without prejudice what does all this mean what are the terms without prejudice and adjudication on the merits mean dismissal without prejudice means that the prior action has virtually no implication going forward the plaintiff can file exactly the same case again if he wants to if he does he may have to pay some defendants fees this is to prevent people from being bringing in and dropping new cases just to be annoying and additionally if the case is dismissed a second time voluntarily he might be barred from bringing the case again a third time but other than that the first case purely material materially plays no role going forward on the other hand dismissal with prejudice mean that means that the plaintiff is barred from bringing the same case a second time in adjudication on the merits is a type of dismissal with prejudice it means that the case is formally decided on behalf of one of the parties in this binding there are no second chances and all the rules relating to rest do Takeda and collateral estoppel are in effect why do we have two rules and two a drastically different results for basically the same thing well the answer is that they're not the same thing dismissal without prejudice or prejudice is reserved for cases when we want the plaintiff to be able to refile and some of them it would seem to record take IAN's to dismiss the case and say you can't have a second chance in others giving the plaintiff the ability to back out in an early stage when no harm has been done to the defendant and then regrew it's actually good for the system because it helps ensure a fair fight full litigation get all the issues out on the table and reach a conclusion the plaintiff wouldn't want to back out if something had not gone surprisingly and drastically wrong and that's a good reason to let him do so now let's take another look at when dismissal is without prejudice to help see this policy in play one any time before the defendant files...
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