What does it mean for a case to be dismissed without prejudice to be refiled and resolved in circuit court?

Asked on March 5, 2015 under Criminal Law, Alabama


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Dismissal without prejudice means that while the case is being dismissed, it is being dismissed without any adjudication or determination as to the merits--i.e. without any decision on the substance of the case. If the case is being refiled and resolved in Circuit Court, that is most likely because the original court it was brought in was found, for one reason or another, to not be the appropriate court; and so it is being brought anew in a different (correct) court, the Circuit Court.

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