How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask TJ, Esq. Your Own Question
TJ, Esq.
TJ, Esq., Attorney
Category: Business Law
Satisfied Customers: 12250
Experience:  JD, MBA
Type Your Business Law Question Here...
TJ, Esq. is online now
A new question is answered every 9 seconds

What is the rule or law that allows a plaintiff in a civil

This answer was rated:

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!
TJ, Esq. and other Business Law Specialists are ready to help you

Related Business Law Questions