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Civil procedure

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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 West Virginia, parties to a lawsuit have the right to voluntarily dismiss their own claims, which is often referred to as a 'nonsuit.' This right is typically absolute and can be exercised at any point during the litigation process, as long as the party has not introduced all of their evidence in the trial, excluding rebuttal evidence. This means that a plaintiff can decide to dismiss their case without prejudice (meaning they can potentially refile the case later) before they rest their case-in-chief. The relevant rules governing voluntary dismissal in West Virginia are found in the West Virginia Rules of Civil Procedure, specifically Rule 41, which outlines the procedures and conditions under which a plaintiff may dismiss an action.

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Civil procedure

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Civil procedure

nonsuit

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