If a petition is dismissed without prejudice can it be refiled?
<p>If the rules and laws of a court allow a party to bring a petition, and that petition is dismissed with an explanation but with no mention of "prejudice," can the petitioner refile what is substantively the same petition with the same court?</p>

<p>I.e., can one file a new petition requesting the <em>same action even if the facts underlying the matter have not changed</em> (but, perhaps, the petitioner learned enough from the original dismissal to file a more effective petition)?</p>

<p>Or must one always use the appeals process for the court if one wants "another shot" at what is substantively the same matter?</p>

<p>(An example I'm looking at right now is a <a href="http://www.pacode.com/secure/data/234/chapter5/s506.html" rel="nofollow">PA 506(B)2 Petition</a>.  Naturally <a href="http://www.pacode.com/secure/data/234/234toc.html" rel="nofollow">the Rules</a> don't address this question, and at least here court officers never answer substantive questions regarding rules or process!)</p>

<p>There is a common law doctrine that litigation should be final. A plaintiff is obliged to state their best case and all of their case for the defendant to defend and it will be decided <em>once and for all.</em></p>

<p>If a petition to a court is made and dismissed then unless it is specifically dismissed "without prejudice" then that is the end of the matter; the same facts cannot serve as the basis for another claim - even if the basis is changed. For example, a claim made for breech of contract cannot be reintroduced as a tort; the plaintiff has had their day in court, they lost, move along. If there was a basis in both contract and tort the plaintiff should have introduced these both at the same time.</p>

<p>Now, either or both parties can appeal to a higher court that the decision in the lower court was wrong, however, that is an argument primarily about the law used; not about the facts. </p>

common-law rules-of-court process