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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 Delaware, 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, however, and is subject to certain limitations and conditions. According to the Delaware Court of Chancery Rules and the Delaware Superior Court Civil Rules, a plaintiff may dismiss an action without a court order by filing a notice of dismissal at any time before the opposing party serves either an answer or a motion for summary judgment. After an answer or a motion for summary judgment is served, a claim can only be dismissed with the court's approval, and the court may impose terms and conditions as it deems proper. Additionally, once the plaintiff has begun to present their case at trial by introducing evidence (other than rebuttal evidence), the right to a nonsuit without the court's approval typically ends. The court may also deny a nonsuit if the defendant has already presented evidence in defense. It's important to note that the specifics of the right to nonsuit can vary depending on the particular rules of the court in which the case is being heard and the timing of the request for dismissal.

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Civil procedure

nonsuit

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Civil procedure

nonsuit

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