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Related to nonsuited: Voluntary 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.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.


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)

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.


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.
Collins Dictionary of Law © W.J. Stewart, 2006
References in periodicals archive ?
The court allowed plaintiffs to use expert reports filed in a case they voluntarily nonsuited to be used in a suit the plaintiffs voluntarily refilled.
prescription of another, shall be nonsuited, in any action or suit
Cochran 1819) (providing that "no person shall sue out original process for the trial of any matter or thing in the general court of less value than ten pounds, or two thousand pounds of tobacco, except it be against the justices of a county, or other inferiour court, or the vestry of a parish, on penalty of being nonsuited, and having his suit dismissed with costs"); An Act for Establishing a High Court of Chancery, ch.
plaintiff should be nonsuited or have leave to put evidence before a
"Add to that the television hand-held crews and their cable carriers, the NFL Films crews and even in many cases, nonsuited players, and the clear view of the playing field is being pretty severely limited."
The circuit court sustained the demurrers and Terry nonsuited her claims against the remaining defendants.
When the North Carolina Supreme Court ignored his tort argument in its opinion, counsel returned to the trial court to press again an action in tort and was again nonsuited. See DANZIG & WATSON, supra note 10, at 195, 204.
Mellis was not served in the nonsuited action, and had no other notice of those proceedings, he did not know that the May 25, 2004, order of nonsuit had been entered and could have been appealed.