Nonsuit

Nonsuit in United States

Nonsuit Definition

A judgment given against the plaintiff when he is unable to prove his case, or, when he neglects or refuses to proceed to trial, judgment of nonsuit dismisses the action, but does not determine the issues. Voluntary nonsuit is an abandonment of his cause by the plaintiff either before the trial is commenced, or during the presentation of his case. Involuntary nonsuit is judgment of nonsuit ordered by the court where plaintiff fails to appear, or where he has given no evidence on which a verdict in his favor could be rendered.

Nonsuit in Foreign Legal Encyclopedias

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Legal Issue for Attorneys

A judgment given against the plaintiff when he is unable to prove his case, or, when he neglects or refuses to proceed to trial, judgment of nonsuit dismisses the action, but does not determine the issues. Voluntary nonsuit is an abandonment of his cause by the plaintiff either before the trial is commenced, or during the presentation of his case. Involuntary nonsuit is judgment of nonsuit ordered by the court where plaintiff fails to appear, or where he has given no evidence on which a verdict in his favor could be rendered.

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Notice

This definition of Nonsuit is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.

Practical Information

Note: Some of this information was last updated in 1982

A dismissal of the plaintiff s complaint (in U.S. law) by the court because he or she failed to establish a good cause of action. Defendant makes a motion for a nonsuit after the close of plaintiff s evidence. Defendant’s motion should be specific and should indicate the particular defects or failures in plaintiffs proof. In determining the motion, the court will assume that all plaintiff s evidence is true and will draw every reasonable inference in plaintiffs favor.

(Revised by Ann De Vries)

What is Nonsuit?

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