Select your state

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 Mississippi, 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 party has presented all of its evidence in the case, except for rebuttal evidence. This means that a plaintiff can decide to dismiss their case without prejudice, allowing them the possibility to refile the case in the future, as long as they do so before they have rested their case by presenting all their evidence at trial. However, if the defendant has already filed a counterclaim, the plaintiff may not be able to dismiss the lawsuit without the defendant's consent or the court's approval. The specific rules and procedures for nonsuits in Mississippi are governed by the Mississippi Rules of Civil Procedure, particularly Rule 41, which outlines the conditions and effects of voluntary dismissal.

Legal Articles

State Statutes

Individual & Family Legal Plan

As a LegalFix member, you'll get expert legal services from a local law firm that treats you like an important client. Don't wait—be prepared for life's inevitable legal challenges starting today. And ask your employer, credit union, or membership group about preferred pricing opportunities.

Civil procedure

nonsuit

Individual & Family Legal Plan

Articles

Mississippi State Code

Mississippi State Code

Articles

Civil procedure

nonsuit