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[1] If it is a written document, then it needs to be clearly marked with the words without prejudice, or without prejudice and subject to contract. [2] If it is a verbal exchange, then you or your employer need clearly to say do you mind if we speak without prejudice or words to that effect.
Whereas a case that is dismissed with prejudice is dismissed permanently, a case that is dismissed without prejudice is only dismissed temporarily. This temporary dismissal means that the plaintiff is allowed to re-file charges, alter the claim, or bring the case to another court.
The basic meaning of without prejudice is that statements made in the settlement of an existing dispute cannot be relied upon as evidence against the interests of the relevant party if negotiations fail and the parties then have to formally engage in a dispute resolution procedure.
The without prejudice privilege means parties to a dispute can make concessions and promises without fear that their words will be used later in court.
Dismissal without prejudice means that the judge dismissed the plaintiffs or prosecutors case without damaging their right to have their matter heard in court later. A prosecutor may ask to withdraw the case against a person to have more time to make a case stronger, find more evidence or question other witnesses.
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Communications marked as without prejudice cannot be used by the other party as evidence in court. This means that parties can speak openly about the matters in dispute without the risk of the other party using that information against them later.
When a case is involuntarily dismissed by a judge, it could be with or without prejudice. Often, judges dismiss cases without prejudice, so that the person whose case got dismissed can try again after fixing the problem the other side pointed out. Sometimes, though, judges dismiss cases with prejudice.

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