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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 Montana, 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 typically absolute until a certain point in the litigation process. According to Montana law, a plaintiff can 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. However, once the plaintiff has begun to present their main case at trial by introducing all evidence other than rebuttal evidence, the right to nonsuit is no longer absolute. At that stage, the dismissal would require the approval of the court, and the court may impose terms and conditions as it deems proper. It's important to note that the specifics of this right can be subject to additional rules and interpretations by the courts, and an attorney can provide guidance on the strategic and procedural implications of taking a nonsuit in Montana.

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Civil procedure

nonsuit

Individual & Family Legal Plan

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Civil procedure

nonsuit

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