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 Colorado, parties to a lawsuit have the right to voluntarily dismiss their claims, which is often referred to as a 'nonsuit.' This right is typically absolute, meaning that a party can choose to dismiss their claim without the need for the court's permission or the consent of the opposing party. However, this right must be exercised before the party has introduced all of its evidence at trial, excluding rebuttal evidence. Once a party begins to present their main evidence at trial, the right to nonsuit becomes limited. The relevant rules governing voluntary dismissal in Colorado are found in the Colorado Rules of Civil Procedure, specifically Rule 41, which outlines the procedures and conditions under which a plaintiff may dismiss an action.