What type of dismissal prevents the same civil action from being brought again?

Prepare for the Certified Verbatim Reporter Exam with flashcards and multiple choice questions. Each question offers hints and explanations to guide your learning. Ensure you are ready for your test!

A dismissal with prejudice is a legal term that indicates a case has been conclusively resolved, preventing the same civil action from being refiled in the future. This type of dismissal is permanent and signifies that the court has decided on the merits of the case, resulting in a final judgment.

When a case is dismissed with prejudice, it typically means that the plaintiff's claims have been rejected either due to a lack of evidence, a failure to follow proper legal procedures, or some combination of factors that led the court to rule against the claims presented. This serves as a bar to any subsequent actions based on the same legal theory or facts, providing finality and certainty to the parties involved.

In contrast, a dismissal without prejudice allows the plaintiff to refile the case later, as it does not resolve the merits of the claims, thus leaving the door open for the same action to be brought again in the future. Voluntary dismissals may be done by the plaintiff at their discretion but can be with or without prejudice depending on the circumstances. A default judgment occurs when one party fails to respond to a lawsuit, leading the court to rule in favor of the responding party, but it does not inherently prevent the plaintiff from re-filing the case later if the

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy