A nonsuit refers to a legal action to dismiss a lawsuit. This dismissal can be voluntary or involuntary. A voluntary nonsuit refers to when the plaintiff (the individual who filed the case) willingly discontinues the case.
An involuntary nonsuit describes an action by the court to dismiss a lawsuit if the court finds reasons to dismiss the case either through a motion of dismissal filed by the defendant or when it is not up to legal standards.
When a court dismisses a lawsuit with prejudice, it marks the end of that claim for both the plaintiff and defendant. The plaintiff can neither bring the case back to the court nor take it to a higher court.
On the other hand, a nonsuit without prejudice refers to temporarily dismissing a lawsuit by the plaintiff. The plaintiff may dismiss the claim to amend the claims or settle the matter outside the court. If need be, the plaintiff may refile the lawsuit provided this is done within the statute of limitations.
Nonsuits can be complicated. Before you dismiss a case without prejudice, you must conduct extensive research on the possible drawbacks and repercussions.
When Can I Take a Nonsuit Without Prejudice?
You can dismiss a lawsuit with prejudice anytime, permanently ending your case. For a nonsuit without prejudice, the situation requires precision because you don't want to end the lawsuit; you want to postpone the case.
Most state courts in the United States allow plaintiffs to dismiss a lawsuit for the first time voluntarily. You have to give the notice of dismissal before:
The jury retires
The judge sustains a motion to strike evidence
The case reaches the court for decision
You may also take a nonsuit orally in court. The oral dismissal is best suited for when the case presentation faces many challenges. Click here how to respond to a lawsuit
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