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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 Dakota, 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, as it can be subject to certain conditions and limitations. According to South Dakota law, 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 a motion for summary judgment is served, a case can only be dismissed by court order, on terms that the court considers proper. If a plaintiff has presented all of their case-in-chief evidence at trial, except for rebuttal evidence, they may no longer have the right to take a nonsuit, as the trial has progressed to a stage where the defendant has the right to have the case resolved on its merits. The specific rules and procedures for nonsuit in South Dakota are governed by the South Dakota Rules of Civil Procedure.

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Civil procedure

nonsuit

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Civil procedure

nonsuit

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