Simple English definitions for legal terms
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Term: Nonsuit
Definition: Nonsuit is when a judge dismisses a case because the person who started the case (called the plaintiff) either couldn't prove their case or decided they didn't want to continue with it. This can happen because the plaintiff asked for it or because the defendant asked for it. In some cases, the judge's decision means that the case is over and can't be tried again, but in other cases, the plaintiff can try again later. In criminal cases, a nonsuit can happen when the defendant asks for a judgment of "not guilty" after the prosecution has presented their evidence.
Nonsuit is a legal term used when a court dismisses a case because the plaintiff (the person who filed the lawsuit) either cannot prove their case or chooses not to continue with it. This can happen voluntarily or involuntarily.
For example, if someone sues their neighbor for damaging their property, but they cannot provide enough evidence to support their claim, the court may grant a nonsuit and dismiss the case.
The Federal Rules of Civil Procedure (FRCP) provide guidelines for motions for nonsuit. If the plaintiff wants to dismiss their case, they can file a motion with or without a court order. If the defendant wants to dismiss the case, they can file a motion for involuntary dismissal. In most cases, a nonsuit will not affect the plaintiff's ability to refile the case later.
Each state also has its own rules for nonsuits. For example, in Texas, the plaintiff can take a nonsuit at any time before introducing all of their evidence. However, if the defendant has filed a counterclaim for affirmative relief and would be prejudiced by the court discontinuing the plaintiff's case, the plaintiff will not be allowed to take a nonsuit.
In North Carolina, a nonsuit can be granted in criminal proceedings. If the defendant moves for judgment after the state has presented its evidence but before the defendant introduces their own evidence, and the motion is granted, the court's judgment has the same effect as a "not guilty" verdict.