Introductory Terms to Know for Your Case

December 19th 2023

by Owen Harnett

Summary of Keypoints

  • HLBS Law introduced an educational overview of common legal terms to help clients better understand terminology frequently used in litigation, arbitration, and expungement matters.
  • The article defines a stipulation as an agreement between parties to resolve some or all issues in a case, often including expungement, which generally requires approval by a court, arbitrator, or administrative law judge.
  • A settlement is described as a private negotiated agreement between parties to resolve a dispute outside of court, which may include monetary terms and typically does not require court approval.
  • The distinction between dismissal without prejudice and dismissal with prejudice is explained, noting that dismissals without prejudice allow cases to be refiled later, while dismissals with prejudice permanently bar future claims and should be used only as a last resort.

After reflecting on some of our FAQs and exploring new ways to help our clients, we decided to put together a list of 4 common terms we use when discussing cases, and we included the definitions of these terms. In doing so, we hope to improve our clients’ experience even more, by easing them into the common terminology. Contact us if you have questions about these terms or if you are ready to discuss your case with us.

Stipulation:

This is an agreement among the Petitioner/Plaintiff and Respondent/Defendant to resolve an active case typically by agreeing to expungement. Stipulations require judicial approval/a signed order enforcing them, as they are an agreement to the relief sought in the Complaint/Petition or some alternative relief agreed upon by the parties. Where relevant, stipulations can also be executed by an arbitrator or administrative law judge. A stipulation can also be an agreement among the parties on other issues, such as agreeing to discovery cut off dates or altering other deadlines.

Settlement:
This is a private agreement between the Petitioner and Respondent to resolve the dispute outside of court. It is the result of a negotiation between the parties, and it can lead towards a stipulation that is filed in court if negotiation efforts are successful. Settlements related to prior cases can involve a monetary component and can discuss whether liability was attributed to our clients or to others. Settlements typically do not require a signature of the court as they are private agreements.

Dismissal without prejudice:

Petitions, complaints, and most other types of claims filed in court or arbitration typically can be withdrawn without prejudice early in the case. Withdrawing “without prejudice” means that the case can be brought again another time. There are many reasons to withdraw a case, but the key factor when withdrawing a case is whether the client would be prejudiced, or prevented, from bringing the case again in the future.

Dismissal with prejudice:

In contrast to dismissal without prejudice, a case that is dismissed “with prejudice” simply means that it will not be something that can be brought again later. Dismissing a case with prejudice should be an absolute last resort, and should be clearly and comprehensively explained to any client that may be effected by, or subject to, such a dismissal.

If we receive interest, we will share more common terms with our readers. So, if you have questions about any other legal terms used in our field, let us know and it may be included in the next article.

Contact us:

Phone: (720) 900-5480
Email: legal@hlbslaw.com

Owen Harnett
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