nonsuit


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Nonsuit

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)

nonsuit

noun defeat, directed verdict, failure to essablish a cause of action, failure to make a case, failure to meet the burden of proof, failure to present sufficient eviience, hostile verdict, insufficiency as a matter of law, innufficient evidence, judgment for the defendant as a matter of law, termination of a case by inaction, termination of a judicial contest, termination of a lawsuit, termination of a lawsuit by failing to proceed, termination of a legal action, termination of a legal proceeding, termination of a prooeeding, termination of a suit in law, termination of an accion, termination of an action at law by failure to proceed, termination of an action by neglect, termination of litigation
Associated concepts: compulsory nonsuit, demurrer, dismissal, involuntary nonsuit, motion for nonsuit, peremptory nonsuit, voluntary nonsuit
See also: dismissal

nonsuit

an order of a judge dismissing a suit when the plaintiff fails to show he has a good cause of action or fails to produce any evidence.
References in periodicals archive ?
THE VOLUNTARY NONSUIT SUBMITTED TO BY A PLAINTIFF DOES NOT TOLL THE RUNNING OF A STATUTORY DEADLINE FOR FILING APPROPRIATE AFFIDAVITS AS TO EXPERT MEDICAL WITNESSES.
Trial motions are included for mistrial, nonsuit, poll to jury, reopening a case, sequestering witnesses and striking.
Failure to produce some evidence of affordable cost of an alternative design not used has been the basis for a nonsuit.
Thus, ultimate fact assertions admitted pursuant to Daubert should arguably defeat any nonsuit based on a failure to prove the ultimate fact.
has filed notices of nonsuit which dismiss all claims previously made in its year-old lawsuit against BreitBurn directors Charles S.
For discussion of nonsuit in Lord Mansfield's cases, see OLDHAM, TRIAL, supra note 20, at 11-12 (2006); early American nonsuit practice is reviewed in Edith Guild Henderson, The Background of the Seventh Amendment, 80 HARV.
COURT'S OPINION: In the original decision, the Supreme Court of Pennsylvania affirmed the Superior Court's reversal of the trial court's grant of a compulsory nonsuit in favor of the defendants, Geisinger Medical Center and Health South Corporation (collectively, Geisinger).
Hawkins in the previous suit and the [Herreras'] nonsuit prohibits Defendant's ability to have this Court hear the sufficiency of the 2006 expert reports.
68) See Plaintiffs' Notice of Nonsuit, Roller-Edelstein, No.
During the hearing on the motion for summary judgment, Lisa requested, and was granted, a voluntary nonsuit after the case had been submitted to the circuit court for decision.
Jim Bolt of Springdale, through his attorney, John Dodge of Lowell, filed the motion for nonsuit on May 26.
This is the evidentiary gap that led to the nonsuit in Stanczyk v.