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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 Vermont, 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, but it is broadly permitted under certain conditions. According to Vermont Rule of Civil Procedure 41(a)(1), 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, or by filing a stipulation of dismissal signed by all parties who have appeared. However, if a plaintiff wishes to dismiss a claim after the opposing party has served an answer or a motion for summary judgment, they must seek the court's approval, and the court has discretion to grant or deny the dismissal. Additionally, once the plaintiff has begun to present their case at trial by introducing evidence, their right to nonsuit is typically lost, except for rebuttal evidence. This is to prevent prejudice to the defendant and to avoid manipulation of the judicial process.

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Civil procedure

nonsuit

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Vermont State Code

Vermont State Code

Civil procedure

nonsuit

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