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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 Tennessee, parties to a lawsuit have the right to voluntarily dismiss their own claims, which is often referred to as a 'nonsuit' or 'voluntary dismissal.' According to Rule 41 of the Tennessee Rules of Civil Procedure, a plaintiff can dismiss an action without a court order by filing a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment. Alternatively, the plaintiff can dismiss the action by filing a stipulation of dismissal signed by all parties who have appeared in the case. After the defendant has served an answer or a motion for summary judgment, the action can only be dismissed at the plaintiff's request by court order, on terms that the court considers proper. If a plaintiff has previously dismissed any federal or state court action based on or including the same claim, a notice of dismissal operates as an adjudication on the merits. It's important to note that the right to nonsuit is absolute only until the plaintiff has introduced all evidence other than rebuttal evidence at trial. After this point, the court's permission is required to dismiss the case.

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Civil procedure

nonsuit

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Civil procedure

nonsuit

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