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

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 trial court granted non-suit after the plaintiff's opening statement at trial on the grounds that there was a lack of scientific evidence that producing the Honda as evidence was essential to proving the alleged defect and that there was a lack of expert opinion that a failure of the car seat was a cause of her alleged brain injury.

In its view, the plaintiff stated sufficient facts in the opening statement to avoid a non-suit.

Shifting the causation burden of proof in legal malpractice actions: courts are applying doctrines taken from other types of cases and placing the burden on defendant attorneys on the basis of public policy considerations

The court held, inter alia, that it would exercise de novo review of the appeal from the judgment of non-suit in the lower court.

Paraplegic's blindness is result of six-hour 'face-down' surgery

The trial court granted the hospital a compulsory non-suit on the issue of punitive damages.

Policy of referring ER patients only to Drs. on `list' is risky

The trial court concluded that her proposed testimony that she fell and went to a physician was insufficient to withstand the defendant's motion for a non-suit.

CA: nurse who falls in hospital is non-suited: can RN testify her fall caused meniscus tear? (Legal Case Briefs for Nurses)

However, the Texas Supreme Court held that in the Utts case a plaintiff may take a significant (if not the entire) settlement amount, non-suit against the remaining defendants, and the award taken is not credited against the remaining parties.

Dr.'s Attempt to `Discover' Amount of Settlement Denied

Goodman's motion for a non-suit leaving the hospital as the sole defendant.

`Missing' EKG Strips: Spoliation of Evidence?

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