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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 New Hampshire, 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 New Hampshire state statutes and 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 either an answer or a motion for summary judgment. After an answer or motion for summary judgment has been served, a claim can only be dismissed with the court's approval. The right to nonsuit is typically preserved until the plaintiff has rested their case in chief at trial, meaning they have presented all their evidence except for any rebuttal evidence. However, if the defendant has already presented a counterclaim that they wish to pursue, the plaintiff may not be able to unilaterally dismiss the lawsuit. It's important to note that there may be specific rules and exceptions that apply to particular cases, and an attorney can provide guidance on the strategic and procedural implications of taking a nonsuit in a given situation.

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Civil procedure

nonsuit

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Civil procedure

nonsuit

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