RulesofCivilProcedure.com Civil Procedure · Every State

§ 913.Dismissal With Prejudice to Right to File Another Appeal, Exception

Title 13. Appeals In Civil Actions · Chapter 1. Appeals in General · Enacted 1968 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 913 provides that dismissing an appeal is with prejudice to filing another appeal within the time originally permitted, unless the dismissal is expressly made without prejudice to another appeal.

Full Text of § 913

Text size

The dismissal of an appeal shall be with prejudice to the right to file another appeal within the time permitted, unless the dismissal is expressly made without prejudice to another appeal.

Plain-English Summary

A dismissed appeal usually closes the door on trying again, and this section spells out the default rule. When an appeal is dismissed, that dismissal carries prejudice to filing another appeal within the time that was permitted for the original one — the appellant generally doesn't get a second chance to appeal the same ruling once the first appeal is dismissed.

The statute builds in one escape hatch: a court can expressly make the dismissal without prejudice to another appeal. Absent that express language, though, the default rule controls, which makes it worth paying close attention to exactly how any dismissal is worded.

Frequently Asked Questions

What happens if my appeal gets dismissed — can I just file another one?

Generally no. Section 913 makes a dismissal carry prejudice to filing another appeal within the originally permitted time, unless the court expressly states the dismissal is without prejudice.

Is there any way to avoid the prejudice that normally attaches to a dismissed appeal?

Yes, if the dismissal is expressly made without prejudice to another appeal, the default bar doesn't apply.

Amendment History

Added by Stats. 1968, Ch. 385.

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 28, 2026. · Official source
Also known as: dismissal of appeal with prejudice californiarefiling appeal after dismissal