Is a dismissal without prejudice final?

No; it typically permits refiling of the same claim later. Effectiveness depends on the terms and whether the statute of limitations has expired or been tolled.

Do I need a judge’s signature?

Many dismissals by stipulation only require parties’ signatures and clerk entry; certain dismissals require court approval—check local rules.

Can I e-sign the dismissal?

Electronic signatures are generally valid under ESIGN (15 U.S.C. ch. 96) and state UETA statutes, but confirm the court accepts e-signed filings and required authentication.

Does dismissal toll the statute of limitations?

Not automatically. Tolling requires agreement or specific statutory relief; parties should state tolling terms if refiling protection is intended.

What if the clerk rejects the filing?

Correct and refile promptly; include a cover letter addressing the clerk’s rejection reason and obtain a filed-stamped replacement.

How long should I retain the filed dismissal?

Retain filed copies for at least 3–7 years depending on industry and state law; healthcare records require six years under HIPAA (45 CFR §164.530(j)).

Electronic Signature
Templates
Other
Dismissal Without Prejudice

Dismissal Without Prejudice

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

DISMISSAL WITHOUT PREJUDICE

IN THE CIRCUIT COURT OF , MISSISSIPPI

AND

VS. NO. DEFENDANTS

THIS CAUSE having come on for hearing on motion of the parties ore tenus to dismiss defendant, from the plaintiff's cause of action without prejudice, and this Court, having considered the same and being fully advised in the premises, finds that the Motion is well taken and the same is hereby, granted.

IT IS, THEREFORE, ORDERED AND ADJUDGED that the claims against be, and the same are hereby, dismissed without prejudice, with each party to bear their respective costs.

SO ORDERED AND ADJUDGED, this the day of , 20

CIRCUIT JUDGE

APPROVED AS TO FORM:

What a Dismissal Without Prejudice Means

A Dismissal Without Prejudice is a court filing or order that ends a case but preserves the plaintiff’s right to refile the same claim later. It typically specifies whether dismissal is by stipulation, motion, or court order and may set conditions for refiling, payment of costs, or preservation of claims.

Why Parties Choose a Dismissal Without Prejudice

Dismissal without prejudice allows parties to pause or conclude litigation while maintaining the option to refile. It can reduce immediate litigation costs, resolve procedural defects, or allow claims to be refiled in a different forum without a merits determination.

Who Typically Prepares and Signs This Form

Plaintiffs, defense counsel, and court clerks most commonly prepare and process dismissals without prejudice; in smaller matters pro se litigants may file the document directly.

Plaintiff or plaintiff’s counsel: Prepares the dismissal language and files with the clerk.
Defendant or defense counsel: May stipulate to dismissal or consent to conditions.
Court clerk / judge: Enters the order or docket notation closing the case.

Responsibilities include confirming local filing rules, obtaining required signatures or electronic approvals, and ensuring any conditions (costs, tolling agreements) are recorded on the docket.

Step-by-Step: Preparing and Filing a Dismissal Without Prejudice

Follow these steps to prepare a complaint dismissal that complies with court rules and preserves the option to refile if appropriate.

01

Draft Dismissal: Prepare a short stipulation or motion stating dismissal without prejudice and any conditions.
02

Confirm Local Rules: Check the court’s local rules and e-filing requirements before submission.
03

Obtain Signatures: Collect opposing counsel signature or court approval as required; document consent in writing.
04

File and Serve: File with the clerk (e-file or paper) and serve all parties per local rules.

Where to File and Who Receives the Dismissal

A dismissal without prejudice is filed in the same court that handled the underlying complaint and must be served on all parties or their counsel.

Court Clerk: Submit via the court’s e-filing portal or by delivering the original to the clerk for docketing.
Opposing Counsel: Serve opposing counsel with the filed dismissal and proof of filing per local service rules.
Court Reporter / Judge: If ordered from the bench, ensure the judge’s order is entered on the docket and provided to parties.
Record Retention: Retain a filed-stamped copy for your records and any future refiling needs.

Configuring an e-Filing and eSignature Workflow

Set up e-filing and signature steps to align with the court’s acceptable formats and your internal approval process.

Field	Configuration
Authentication	Email link with SMS code or firm authentication for counsel signatures
Signature Type	Click-to-sign or drawn signature accepted if audit trail suffices
Document Format	PDF/A preferred for court filings; include embedded signature evidence
Service Method	E-service via court portal or email when permitted by local rule

Technical and Format Requirements for Electronic Submission

Courts and opposing parties often require specific file formats, signer authentication, and an audit trail to accept electronic dismissals.

File Formats: PDF, PDF/A, or court-specified PDF variants
Authentication: Email link, SMS code, or firm SSO as available
Integrations: Works with document management systems and court e-filing portals

Confirm the receiving court’s technical rules—some courts require specific PDF standards or a separate e-service notice even when e-filing is available.

Required Information and Key Fields to Include

Case Caption: Plaintiff v. Defendant

Docket No.: Court-assigned number

Filing Party: Full legal name

Type of Filing: Stipulation or motion

Signature: Printed name and date

Service Info: Counsel contact/email

Key Elements of a Professional Dismissal Without Prejudice

A properly drafted dismissal clearly identifies parties, explains the dismissal basis, states reservation of rights, lists conditions, shows signatures, and notes service and filing details for the court record.

Clear Caption

Matches the original complaint and docket to avoid misfiling and to ensure the clerk links the dismissal to the correct case.

Dismissal Language

Explicitly states 'without prejudice' and whether refiling is permitted, including any limits or tolling agreements.

Condition Clauses

Sets out agreed terms such as payment of costs, confidentiality, or a timeline before refiling.

Signatures and Dates

Includes signatures for moving party and opposing counsel when stipulation is required or ordered by the court.

Service Statement

Affirms service on all parties and provides method and date of service for the docket entry.

Clerk Entry

Requests that the court enter an order and provide a filed-stamped copy for the record.

Best Practices for Accurate and Efficient Completion

Follow these practical tips to minimize processing delays and preserve litigation options when filing a dismissal without prejudice.

Confirm Local Court Rules

Review the court’s local rules or standing orders to determine whether e-filing, electronic signatures, or additional forms are required before submission.

Document the Parties’ Agreement

If dismissal is by stipulation, include or attach a signed stipulation from all parties to evidence consent and avoid future disputes.

Record Conditions Clearly

State any tolling agreements or refiling limitations explicitly to prevent ambiguity that might affect statute of limitations or future claims.

Retain Filed Copies

Keep a filed-stamped electronic and physical copy in client files, with service proofs, for potential refiling or court inquiries.

eSignature Vendor Comparison Relevant to Dismissal Documents

Common eSignature vendors and representative starting prices for plans suitable for law firms and legal workflows; signNow is listed first per procurement comparisons.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial, no credit card	Free trial available	Free trial available	Free trial available	Free trial available
Bulk Send	Yes	Yes	Yes	Yes	Varies
Audit Trail	Yes	Yes	Yes	Yes	Yes
Envelope Cap	No envelope cap	100 envelopes/user/year limit	Varies by plan	Varies by plan	Varies by plan

Timing, Deadlines, and Processing Expectations

Key timing considerations include local response periods, clerk processing times, and statute of limitations implications for refiling.

Clerk Processing Time:

Varies by court—same-day to several business days for docket entry.

Service Deadlines:

Serve opposing parties per local rules when filing by stipulation or motion.

Refiling Considerations:

Refiling must occur before statute of limitations expires unless tolled by agreement.

Motion Response Time:

If dismissal is by motion, opposing party response periods follow local rules.

Fee Deadlines:

Pay required filing fees or submit fee waiver per court instructions.

Key Milestones in the Dismissal Process

A typical dismissal follows a short sequence of milestones from preparation through docketing and potential refiling.

01

Prepare Dismissal

Draft stipulation or order with clear 'without prejudice' language and any conditions.

02

Obtain Consent

Collect opposing counsel signature or court approval to avoid contested motions.

03

File with Clerk

Submit via e-filing or deliver to the clerk and obtain filed-stamped copy.

04

Monitor Refile Window

Track statute of limitations and any tolling agreement before refiling.

Common Errors to Avoid

Using vague language that fails to state 'without prejudice' explicitly, creating refiling disputes.
Mismatching the case caption or docket number, which can prevent clerk linkage to the correct file.
Failing to document service or opposing counsel consent, leading to procedural attacks.
Not checking local e-filing or signature rules, resulting in rejection or delayed entry.

Risks and Consequences of Incorrect or Improper Dismissals

Refiling Allowed: Case may be refiled; statute of limitations still applies

Costs Shift: Court may allocate costs or sanctions depending on conditions

Dismissal Not Effective: Improper service or filing may render dismissal void

Tolling Issues: Refiling rights can be affected by whether limitations were tolled

Judicial Approval: Some courts require judge approval; stipulation alone may not suffice

Record Gaps: Missing filed-stamped copy complicates proof for future proceedings

Real-World Examples of Using Dismissal Without Prejudice

These client examples show how organizations used dismissals without prejudice to manage litigation posture and business timelines.

Optica Ventures LLC

Optica used a dismissal without prejudice to pause litigation while pursuing settlement talks.

The stipulation preserved refiling rights.
The filed-stamped dismissal reduced near-term legal expenses and allowed the parties to continue negotiations without prejudice to future claims.

Martin Properties

A property owner filed a dismissal without prejudice to cure a pleading defect.

The refiling window remained open.
After correcting the complaint, counsel refiled timely and the case proceeded without additional sanctions, demonstrating the procedural value of a without-prejudice dismissal.

FAQs and Troubleshooting for Dismissals Without Prejudice

Common questions and practical answers about preparing, filing, and preserving rights when using a dismissal without prejudice.

Need help? Contact support

Is a dismissal without prejudice final?
No; it typically permits refiling of the same claim later. Effectiveness depends on the terms and whether the statute of limitations has expired or been tolled.
Do I need a judge’s signature?
Many dismissals by stipulation only require parties’ signatures and clerk entry; certain dismissals require court approval—check local rules.
Can I e-sign the dismissal?
Electronic signatures are generally valid under ESIGN (15 U.S.C. ch. 96) and state UETA statutes, but confirm the court accepts e-signed filings and required authentication.
Does dismissal toll the statute of limitations?
Not automatically. Tolling requires agreement or specific statutory relief; parties should state tolling terms if refiling protection is intended.
What if the clerk rejects the filing?
Correct and refile promptly; include a cover letter addressing the clerk’s rejection reason and obtain a filed-stamped replacement.
How long should I retain the filed dismissal?
Retain filed copies for at least 3–7 years depending on industry and state law; healthcare records require six years under HIPAA (45 CFR §164.530(j)).

Explore Templates

Agreed Order Granting Extension of Time Amended Counterclaim Answer to Interpleader Complaint Georgia Plaintiff's Response to Defendant's Motion to Amend Joint Motion to Dismiss with Prejudice Agreed Judgment of Dismissal with Prejudice

be ready to get more

Join over 28 million airSlate SignNow users

Sign Now