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Nonsuit

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A broad term for any of several ways to terminate a legal action without an actual determination of the controversy on the merits.

For instance, a judgment of nonsuit may be granted against a plaintiff who either fails to pursue, or abandons, the action.


nonsuit n. a ruling by the judge in a lawsuit either when the plaintiff (the party who filed the suit) does not proceed to trial at the appointed time or has presented all his/her/its evidence and, in the judge's opinion, there is no evidence which could prove the plaintiff's case. A nonsuit terminates the trial at that point, and results in a dismissal of the plaintiff's case and judgment for the defendant. (See: dismissal)


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? References in periodicals archive
The court granted defendant's motion for a nonsuit on plaintiff's breach of fiduciary claim.
At the conclusion of Irena Medavoy's case-in-chief, Judge Chavez granted a Motion for Nonsuit on her claims for fraud, manufacturing defect, improper promotion of unapproved uses of BOTOX(R), intentional misconduct, and punitive damages.
 
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