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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 Nebraska, 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 not absolute, but it is broadly permitted under certain conditions. According to Nebraska law, a plaintiff may dismiss their case without prejudice any time before the final submission of the case to the court for decision. This means that the plaintiff can dismiss their claim before they have rested their case at trial, which includes presenting all evidence except for rebuttal evidence. However, this right may be limited if the defendant has already taken some action in response to the lawsuit, such as filing a counterclaim, or if dismissing the case would cause prejudice to the defendant. Additionally, if a plaintiff has previously dismissed a claim, a subsequent dismissal may be with prejudice, which would prevent the plaintiff from bringing the claim again. It is important for parties considering a nonsuit to consult with an attorney to understand the specific implications and any potential limitations under current Nebraska law.

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Civil procedure

nonsuit

As a LegalFix Member You Will Be an Important Client of Local Law Firms

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Nebraska State Code

Nebraska State Code

Civil procedure

nonsuit

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