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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 North Carolina, parties to a lawsuit have the right to voluntarily dismiss their own claims, which is often referred to as a 'nonsuit' or 'voluntary dismissal.' According to Rule 41 of the North Carolina 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 plaintiff rests their case. This means the plaintiff can nonsuit their claim any time before they have finished presenting all of their evidence, except for rebuttal evidence, during the trial. The dismissal is without prejudice, which allows the plaintiff the opportunity to refile the case in the future, subject to certain limitations and conditions, such as the statute of limitations and the rule against filing more than two dismissals for the same claim.

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Civil procedure

nonsuit

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Civil procedure

nonsuit

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