A judgment of dismissal with prejudice shall have the effect of a final judgment of absolute dismissal after trial. A judgment of dismissal without prejudice shall not constitute a bar to another suit on the same cause of action.
Art. 1673.Effect of Dismissal With Or Without Prejudice
Book II. Ordinary Proceedings · Title V. Trial · Chapter 5. Dismissal · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 1673 provides that a dismissal with prejudice operates as a final judgment of absolute dismissal after trial, while a dismissal without prejudice does not bar the plaintiff from bringing another suit on the same cause of action.
Full Text of Art. 1673
Plain-English Summary
A dismissal with prejudice carries the same weight as if the case had gone to trial and the plaintiff had lost outright. Article 1673 gives it the effect of a final judgment of absolute dismissal after trial, closing the door on that cause of action.
A dismissal without prejudice leaves the door open. The plaintiff can bring the same claim again in a new suit, subject to whatever other time limits or defenses might otherwise apply, which this article does not address.
Articles 1671 and 1672 decide, in the first place, whether a given dismissal comes with or without that with-prejudice label; Article 1673 tells the parties what each label means going forward.
Frequently Asked Questions
What does a dismissal “with prejudice” mean for the plaintiff?
It operates as a final judgment of absolute dismissal, the same effect as if the case had gone to trial and been decided against the plaintiff.
Can a plaintiff refile a case that was dismissed without prejudice?
Yes. A dismissal without prejudice does not bar another suit on the same cause of action.
Which articles decide whether a dismissal is with or without prejudice?
Articles 1671 (voluntary dismissal) and 1672 (involuntary dismissal) set the rules and, in some situations, give the court discretion over which label applies.
Source & verification. Article text is reproduced verbatim from
the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
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