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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 Utah, parties to a lawsuit do indeed have the right to voluntarily dismiss their own claims, which is often referred to as a 'nonsuit.' According to Rule 41 of the Utah Rules of Civil Procedure, a plaintiff may 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 with a court order by filing a stipulation of dismissal signed by all parties who have appeared. However, this right is not absolute once the trial has begun. Once a plaintiff has presented all evidence other than rebuttal evidence, the dismissal is typically with prejudice, meaning the plaintiff is barred from bringing an action on the same claim. Additionally, if the defendant has filed a counterclaim that cannot remain pending for independent adjudication, the plaintiff may not dismiss the action without the defendant's consent.

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Civil procedure

nonsuit

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Civil procedure

nonsuit

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