Select your state

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 Mexico, parties to a lawsuit have the right to voluntarily dismiss their own claims, which is often referred to as a nonsuit. This right is typically absolute and can be exercised at any point during the litigation process until the party has presented all of its evidence, except for rebuttal evidence, at trial. This means that a plaintiff can decide to dismiss their case without prejudice (meaning they could potentially refile the case later) before they rest their case-in-chief. The rules governing voluntary dismissal in New Mexico are outlined in the New Mexico Rules of Civil Procedure. However, if the defendant has already filed a counterclaim that cannot be independently adjudicated, or if the dismissal would cause legal prejudice to the defendant, the court may deny the motion for voluntary dismissal or impose conditions.

Legal Articles

State Statutes

Individual & Family Legal Plan

As a LegalFix member, you'll get expert legal services from a local law firm that treats you like an important client. Don't wait—be prepared for life's inevitable legal challenges starting today. And ask your employer, credit union, or membership group about preferred pricing opportunities.

Civil procedure

nonsuit

Individual & Family Legal Plan

Articles

New-Mexico State Code

New-Mexico State Code

Civil procedure

nonsuit

Articles