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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 South Carolina, parties to a lawsuit have the right to voluntarily dismiss their case, which is often referred to as a nonsuit. This right is not absolute, but it is provided under Rule 41(a) of the South Carolina 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. Additionally, a plaintiff can dismiss the case by filing a stipulation of dismissal signed by all parties who have appeared. However, if a plaintiff has presented their case in court and has introduced all of their evidence except for rebuttal evidence, the right to nonsuit is typically lost. At that point, the decision to dismiss the case would be at the discretion of the court. It's important to note that there may be consequences for dismissing a case, such as the potential inability to refile the case or the requirement to pay the defendant's costs, and specific circumstances can affect the right to nonsuit.

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Civil procedure

nonsuit

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South-Carolina State Code

Civil procedure

nonsuit

South-Carolina State Code

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