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Depending upon the Rules of Civil Procedure and the governing case law of the State involved, there are a few possibilities.

1. If the case was voluntarily dismissed by the Plaintiff, the first dismissal is usually without prejudice. It can be refilled as long as the statute of limitations does not expire before the refiling.

2. If the case is closed after a determination on the merits, such as by the grant of a summary judgment, unless the ruling is appealed successfully, the closing of the file would be with prejudice.

3. If the case was closed by virtue of the court granting a motion to dismiss (usually the Plaintiff is given a chance to amend the complaint, but he may not), the same rule as in #1 above would apply.

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Q: What if a closed case doesn't state with or without prejudice?
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