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TJ, Esq.
TJ, Esq., Attorney
Category: Business Law
Satisfied Customers: 11646
Experience:  JD, MBA
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What is the rule or law that allows a plaintiff in a civil

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What is the rule or law that allows a plaintiff in a civil trial to stop the trial at any point and refile or restart it later and what aer the pertaining rules related to it? Please give plenty details!
Hello and thank you for allowing me the opportunity to assist you.

You're referring to a nonsuit. A nonsuit is a voluntary dismissal of the case without prejudice, which means that it can be refiled. As a matter of right, a plaintiff can nonsuit a case once (a judge has discretion to allow it more than once, but the judge doesn't have to allow it).

A nonsuit can be taken at any point in case prior to a final judgment. It is sometimes strategically used in cases in the General District Court because discovery is not allowed. So, sometimes a plaintiff will proceed to trial, and if he learns new facts from the defendant during testimony, etc., then the plaintiff may wish to nonsuit the case and refile with the new information.

I hope that helps. Let me know if you need clarification, and please remember to rate me positively. Thank you!
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