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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 Illinois, parties to a lawsuit have the right to voluntarily dismiss their case, or nonsuit, under certain conditions. This right is governed by Illinois statute 735 ILCS 5/2-1009, which allows a plaintiff to dismiss their lawsuit without prejudice at any point before trial or before the conclusion of the plaintiff's presentation of evidence at trial. This means the plaintiff can refile the case in the future. However, if the plaintiff has already presented all evidence except for rebuttal evidence, the right to nonsuit may be lost. Additionally, the right to nonsuit is not absolute if the defendant has filed a counterclaim or if there are other statutory or procedural limitations. It's important to note that the court may require the plaintiff to pay the defendant's costs and may impose other conditions on the dismissal.

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Civil procedure

nonsuit

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Illinois State Code

Civil procedure

nonsuit

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