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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 Kentucky, parties to a lawsuit have the right to voluntarily dismiss their case, which is often referred to as a nonsuit. This right is generally absolute and can be exercised at any point during the litigation process until the party has introduced all of its evidence, except for rebuttal evidence, at trial. This means that a plaintiff can decide to dismiss their claims without prejudice, allowing them the possibility to bring the suit again at a later date, as long as they have not rested their case by presenting all their main evidence. This is governed by the Kentucky Rules of Civil Procedure (CR), specifically Rule 41.01, which outlines the conditions and effects of voluntary dismissal. However, if a plaintiff has previously dismissed a claim in any court, a subsequent dismissal in Kentucky may be with prejudice, which would prevent the plaintiff from bringing the action again.

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Civil procedure

nonsuit

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Civil procedure

nonsuit