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 Michigan, parties to a lawsuit do have the right to voluntarily dismiss their own claims, which is often referred to as a 'nonsuit.' This right is not absolute, as it can be subject to certain conditions and limitations. According to Michigan Court Rules, specifically MCR 2.504, a plaintiff may dismiss an action without a court order by filing a notice of dismissal before the opposing party serves an answer or a motion for summary disposition. After an answer or a motion for summary disposition has been served, a plaintiff may dismiss an action only with the court's approval. The court may condition its approval on terms such as payment of costs or attorney fees. Additionally, a plaintiff cannot dismiss a claim if the defendant has already presented their evidence at trial, except for rebuttal evidence. This ensures that a plaintiff cannot unilaterally terminate proceedings to the detriment of a defendant who has already invested in the trial process.

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