Non-suit: Difference between revisions

In the U.S. [[Federal Rules of Civil Procedure]], a nonsuit is termed a "voluntary dismissal."

*Often, the term "nonsuit" will appear in older, U.S. cases. The meaning of the term in most of these older cases is the same as described for the United Kingdom (see below). This is due to the fact that most colonies, upon separation from England, still used English common law (as no U.S. or State-specific laws had yet been passed). Modernly, this type of motion is known as a "motion of dismissal".

In [[Virginia]], which does not follow the Federal Rules, a nonsuit is known by that name. 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.<ref>''E.g.'', ''Muse v. Farmers Bank'', 68 Va. (27 Gratt.) 252 (1876); ''Coffman v. Russell'', 18 Va. (4 Munf.) 207 (1814).</ref> There are restrictions on when a Virginia nonsuit may be taken, and only one nonsuit may be taken against a party on a cause of action as a matter of right.<ref>Va. Code § 8.01-380.</ref> Within the limitations, a plaintiff has an absolute right to one nonsuit.<ref>''Nash v. Jewell'', 227 Va. 230, 315 S.E.2d 825 (1984).</ref> A Virginia plaintiff who takes a nonsuit may bring a new action against the same defendant(s) on the same subject matter within six months, regardless of the operation of the Statute of Limitations.<ref>Va. Code § 8.01-229.</ref> The difference between a [[Federal Rules of Civil Procedure#Chapters of Rules|Federal Rule 41]] dismissal and a Virginia nonsuit is more a matter of form than substance, although the Virginia statute does not require the consent of the defendant and can be taken at later stages in the proceeding.<ref>''Scoggins v. Douglas'', 760 F.2d 535 (4th Cir. 1985).</ref>