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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 Virginia, parties to a lawsuit have the right to voluntarily dismiss (nonsuit) their own claims at any point during the litigation process, as long as they have not yet introduced all of their evidence, excluding rebuttal evidence, at trial. This right is absolute, meaning that it can be exercised without the need for a specific reason and without the consent of the court or the opposing party. However, there are certain limitations and consequences to exercising a nonsuit. For instance, the right to nonsuit may be lost if the party seeking it has proceeded too far in the trial process. Additionally, Virginia law typically allows a party to take a nonsuit only once in any action. If a party nonsuits their claim, they may refile it within six months or before the expiration of the statute of limitations, whichever is later, but if they nonsuit again, they may be barred from refiling. It's important for parties considering a nonsuit to consult with an attorney to understand the implications and the proper procedure to follow under Virginia law.

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Civil procedure

nonsuit

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Civil procedure

nonsuit

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