And you can exercise this right regardless of the time and money spent on discovery and litigation. You have the right to nonsuit if none of these exceptions apply. A defendant has filed a counterclaim, cross-claim, or third party claim arising from the same occurrence – unless the defendant’s claim can remain pending as an independent action or the defendant consents to a nonsuit.The parties have submitted the case to the judge sitting without a jury (bench trial or a ruling on a dispositive motion).This means the court has instructed the jury, and the jurors have left the courtroom to render a verdict. The jury retires to deliberate (decide) the case.Typically a defendant moves to strike the evidence after the plaintiff presents its case-in-chief. The court has sustained (granted) a motion to strike the evidence.And numerous judicial opinions address when it is or is not too late to take a nonsuit. Usually, it is easy to determine if you can take a nonsuit. The court must grant it – with some exceptions. The right to a nonsuit is absolute in Virginia courts. Res judicata and collateral estoppel (legal doctrines that prevent plaintiffs from retrying the same cause of action) do not apply to nonsuits. It allows you to sue the same defendants again based on the same cause of action ( negligence, intentional tort, strict liability, etc.).
See why accident victims and other attorneys have voted my firm as one of the best in Virginia and how we can help you get results.īlack’s Law Dictionary defines a nonsuit as: “A plaintiff’s voluntary dismissal of a case or of a defendant, without a decision on the merits.”Ī nonsuit is a legal procedure that ends your lawsuit without prejudice. If you have any questions about your case or would like a free consultation with a top-rated personal injury lawyer, call me: (804) 251-1620 or (757) 810-5614. And check out Virginia Code Section 8.01-380, entitled Dismissal of Action by Nonsuit Fees and Costs. This article explains the basics of moving for a nonsuit, when you should consider taking one, and the differences between nonsuits and voluntary dismissals in Virginia and federal courts. You can use it in claims based on car accidents, medical malpractice, traumatic brain injury and concussion, defective products, construction accidents, defamation, and business torts – and even in workers compensation. The Supreme Court of Virginia has said that the right to take a nonsuit, notwithstanding a defendant’s loss of time and expense incurred in preparation or any disruption to the court’s docket, is a powerful tactical weapon in the hands of a plaintiff.Ī nonsuit gives you a “do-over” or mulligan and allows you to correct any flaws in your case, with no penalty. Learn When, How, and Why a Nonsuit (Voluntary Dismissal) Can Help You Recover More Money in Litigation Taking a Nonsuit in State and Federal Courts