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nonsuit
(redirected from nonsuiting)

   Also found in: Dictionary/thesaurus, Medical 0.01 sec.

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


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However, the court distinguished the case by pointing out that in that case the majority specifically rejected the plaintiffs' claim that they could somehow revive an expired expert report deadline through a new suit raising the same claim: "allowing a plaintiff to restart the period for serving an expert report by simply nonsuiting her health care liability claim and refilling that same claim, could effectively expand the 120-day period to well over two years.
By nonsuiting the case, the Pattersons left the door open to refiling the complaint, something the secured creditors don't want to see happen.
Obviously, this rule is designed to prevent a plaintiff from nonsuiting a case and refiling in an effort to engage in judge shopping," Holmes said.
 
 
 
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