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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 Alabama, 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, as it can be subject to certain conditions and limitations. According to Rule 41 of the Alabama Rules of Civil Procedure, a plaintiff may 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, once the plaintiff has begun to present their case by introducing evidence at trial (excluding rebuttal evidence), the right to a nonsuit without prejudice is typically lost. If a plaintiff wishes to dismiss the case after this point, the dismissal may be with prejudice, meaning the plaintiff is barred from bringing an action on the same claim again. It's important to note that the right to nonsuit can be affected by other factors, such as counterclaims by the defendant or previous dismissals of the same claim.

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Civil procedure

nonsuit

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Alabama State Code

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Civil procedure

nonsuit

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