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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 Maine, parties to a lawsuit do indeed have the right to voluntarily dismiss their own claims, which is often referred to as a 'nonsuit.' This right is typically absolute until the point where a party has presented all of its evidence in a trial, except for rebuttal evidence. This means that a plaintiff can decide to dismiss their case without prejudice, allowing them the possibility to bring the suit again at a later date, as long as they do so before they rest their case in chief. However, there may be certain limitations and conditions imposed by the Maine Rules of Civil Procedure, specifically Rule 41, which governs the dismissal of actions. For instance, if a defendant has filed a counterclaim that cannot remain pending for independent adjudication, or if the dismissal would cause some form of legal prejudice to the defendant, the court may deny the right to nonsuit. Additionally, if the plaintiff has previously dismissed a claim based on or including the same claim, a second dismissal may be with prejudice, barring future litigation on the matter. It is important for parties considering a nonsuit to consult with an attorney to understand the implications and the proper procedure to follow.

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Civil procedure

nonsuit

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Civil procedure

nonsuit

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