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Legal Definition of nonsuit 1 : a judgment entered against a plaintiff for failure to prosecute a case or inability to establish a prima facie case : dismissal. 2 : voluntary dismissal at 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.
A nonsuit is simply an agreement by the plaintiff not to proceed in that suit against that defendant, and is not a bar to bringing a future action against the same defendant.
Toll Free: 1-800-220-4318. A Motion for Nonsuit is what a creditor typically files to dismiss a lawsuit. The motion is usually filed without prejudice. This means that the Plaintiff is voluntarily giving up on their case but they reserve the right to re-file the case if they want to.
A non-suit is a dismissal without prejudice to re-filing the case. A dismissal with prejudice means that the case cannot be re-filed. Usually, a non-suit is taken when parties do not execute a release. Take care.