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Civil procedure

nonsuit

Parties to a lawsuit generally have an absolute right to nonsuit (dismiss) their own claims for relief at any time during the litigation until they have introduced all evidence other than rebuttal evidence at trial.

In Georgia, parties to a lawsuit do indeed have the right to voluntarily dismiss their own claims, which is often referred to as a 'nonsuit.' According to the Georgia Civil Practice Act, specifically O.C.G.A. § 9-11-41 (a), a plaintiff may dismiss an action without a court order by filing a notice of dismissal at any time before the plaintiff rests their case. This means the plaintiff can nonsuit their claim any time during the litigation process up until they have presented all of their evidence in chief at trial, but not including rebuttal evidence or evidence presented in defense of a counterclaim. However, there are limitations and consequences to exercising this right, such as the potential barring of subsequent lawsuits on the same claim under certain conditions, and the possibility of being responsible for the defendant's court costs. It's important for parties considering a nonsuit to consult with an attorney to understand the implications fully.

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Civil procedure

nonsuit

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Civil procedure

nonsuit