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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 Minnesota, parties to a lawsuit have the right to voluntarily dismiss their case, which is often referred to as a 'nonsuit.' According to Rule 41.01 of the Minnesota Rules of Civil Procedure, a plaintiff may dismiss an action without a court order by filing a notice of dismissal at any time before the opposing party serves an answer or a motion for summary judgment. Additionally, a plaintiff can dismiss the action 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 main case at trial by introducing evidence (excluding rebuttal evidence), this right to unilaterally dismiss the case without prejudice is typically lost. After this point, court approval is generally required, and the dismissal may be with prejudice, meaning the plaintiff is barred from bringing an action on the same claim again.

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Civil procedure

nonsuit

Individual & Family Legal Plan

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Minnesota State Code

Civil procedure

nonsuit

Minnesota State Code

Articles