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 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.
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.
The trial court granted the hospital a compulsory non-suit on the issue of punitive damages.
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.
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.
Goodman's motion for a non-suit leaving the hospital as the sole defendant.

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