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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 Wisconsin, parties to a lawsuit have the right to voluntarily dismiss their claims, which is often referred to as a 'nonsuit.' This right is not absolute, but it is broadly permitted under certain conditions. According to Wisconsin Statutes, specifically under Chapter 805.04, 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 the plaintiff with the court's approval, and the court may impose terms and conditions. Additionally, once the plaintiff has begun to present their case at trial by introducing evidence, the right to nonsuit is typically lost, except for rebuttal evidence. This means that a plaintiff can generally dismiss their claim any time before they have rested their case in chief. However, if a plaintiff repeatedly files and dismisses the same claim, the court may impose sanctions or limit the plaintiff's ability to refile the claim.

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Civil procedure

nonsuit

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Wisconsin State Code

Wisconsin State Code

Civil procedure

nonsuit

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