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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 New Jersey, parties to a lawsuit 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 generally available to a plaintiff who wishes to terminate their action without prejudice to refiling it. According to New Jersey Court Rule 4:37-1, a plaintiff may dismiss an action without a court order by filing a notice of dismissal at any time before service by the adverse party of an answer or of a motion for summary judgment. After an answer or a motion for summary judgment is served, a plaintiff may dismiss the action only with the court's approval. The rule also specifies that if a plaintiff has once dismissed in any court an action based on or including the same claim, a notice of dismissal operates as an adjudication on the merits when filed by the same plaintiff. The right to nonsuit is typically lost once the plaintiff has completed the presentation of their case-in-chief at trial, meaning they have introduced all evidence except for rebuttal evidence.

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Civil procedure

nonsuit

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Civil procedure

nonsuit

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