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Civil procedure

nonsuit

Parties to a lawsuit generally have an absolute right to nonsuit (dismiss) their own claims for relief at any time during the litigation until they have introduced all evidence other than rebuttal evidence at trial.

In Alaska, parties to a lawsuit do have the right to voluntarily dismiss their own claims, which is often referred to as a nonsuit. This right is not absolute, but it is provided under Alaska Rules of Civil Procedure, Rule 41(a), which allows a plaintiff to dismiss an action without a court order by filing a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment. Alternatively, the plaintiff can dismiss the action with a court order by filing a stipulation of dismissal signed by all parties who have appeared in the case. However, this right to nonsuit is typically limited to the early stages of litigation and does not extend to the point where the plaintiff has introduced all evidence other than rebuttal evidence at trial. Once the plaintiff has reached this stage in presenting their case, they would need to seek the court's permission to dismiss the claim, and the court has discretion to grant or deny the dismissal.

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Civil procedure

nonsuit

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Civil procedure

nonsuit

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