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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 York, parties to a lawsuit have the right to voluntarily discontinue their action, which is similar to the concept of nonsuit. Under New York Civil Practice Law and Rules (CPLR) Section 3217, a plaintiff may discontinue an action without an order by serving a notice of discontinuance at any time before a responsive pleading is served or within twenty days after the service of the pleading asserting the claim, whichever is earlier. After this period, discontinuance can only be done by stipulation of all parties who have appeared in the action or by order of the court upon terms that the court deems proper. Once a party has rested their case at trial, they typically cannot nonsuit without the court's permission. The court may consider factors such as the stage of the proceedings and the potential prejudice to the defendant before granting a discontinuance.

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Civil procedure

nonsuit

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Civil procedure

nonsuit

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