Dismissals

[west1805]

Under federal civil law, is there a difference between the dismissal of a claim with prejudice and the dismissal of a claim without leave to amend?
Or are they the same thing?

 

[FlyingRon]

Under federal civil law, is there a difference between the dismissal of a claim with prejudice and the dismissal of a claim without leave to amend?
Or are they the same thing?

A case dismissed prejudice says it can't be refiled. A case with leave to amends mean the same case can be reactivated if ammended to fix what ever detail it was dismissed over (usually a demurrer). "WIthout leave to amend" means that perhaps the case can be refiled but the correction of the demurred point didn't seem likely.

 

[quincy]

When a complaint is dismissed without prejudice, the complaint can be refiled.
When a complaint is dismissed with leave to amend, the complaint can be refiled.
The case can continue.

When a complaint is dismissed without leave to amend, the complaint cannot be refiled.
When a complaint is dismissed with prejudice, the complaint cannot be refiled.
The case ends.

But there are variations on this theme which can complicate matters. And the distinctions can be important when it comes to a party's ability to appeal.