Non-suit

A non-suit (British English) or nonsuit (American English) is a legal procedure.

In the United States, a voluntary nonsuit is a motion taken by the plaintiff to release one or more of the defendants from liability.

An example would be a plaintiff suing a physician and a hospital for damages resulting from surgical complications. If the plaintiff settles with the physician, the plaintiff would nonsuit the physician (removing him/her from the suit) but maintain action against the hospital and the suit would continue. If the plaintiff later settles with the hospital before trial, the resulting nonsuit would end the case as all defendants have been released.

A nonsuit is a right of the plaintiff, but it may be prevented if the defendant has pleaded for affirmative relief.

The law in the United States was established as early as 1828 when the Supreme Court ruled:

A compulsory nonsuit is a decision by a court that a case cannot proceed to trial, either on substantive or procedural grounds. Depending on which grounds the nonsuit is entered, the plaintiff may or may not be able to file his case again.

In the U.S. Federal Rules of Civil Procedure, the term does not appear, but a dismissal under Rules 12 and 41 has a similar effect.

In Virginia, which does not follow the Federal Rules, a nonsuit is known by that name. A nonsuit is simply an agreement by the plaintiff not to proceed in that suit against that defendant, and is not a bar to bringing a future action against the same defendant. There are restrictions on when a Virginia nonsuit may be taken, and only one nonsuit may be taken against a party on a cause of action as a matter of right. Within the limitations, a plaintiff has an absolute right to one nonsuit. A Virginia plaintiff who takes a nonsuit may bring a new action against the same defendant(s) on the same subject matter within six months, regardless of the operation of the Statute of Limitations. The difference between a Federal Rule 41 dismissal and a Virginia nonsuit is more a matter of form than substance, although the Virginia statute does not require the consent of the defendant and can be taken at later stages in the proceeding.

A nonsuit is often taken by a plaintiff who anticipates a judgment or ruling that "imparts finality" against him, who wants to avoid the adverse judgment and preserve at least the possibility of prevailing on the merits of his case in the future.

1981 No. 1687 (L.20) COUNTY COURTS PROCEDURE The County Court Rules 1981 states:

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