|
A non-suit (British English) or nonsuit (American English) is a legal procedure. ==United States== In the United States, a ''voluntary nonsuit'' is a motion taken by the plaintiff to release one or more of the defendants from liability. So, for example, if a plaintiff wishes to give up on the lawsuit, he or she can file a nonsuit as to all defendants with the court, and all proceedings will stop. Alternately, if a plaintiff settles with one of several defendants, he or she can file a nonsuit as to that one. A nonsuit is a right of the plaintiff, but it may be prevented if the defendant has pleaded for affirmative relief. The law in the United States was established as early as 1828 when the Supreme Court ruled: :A nonsuit, may not be ordered by the Court, upon the application of the defendant, and cannot as we have had occasion to decide, at the present term, be ordered in any case without the consent and acquiescence of the plaintiff〔''De Wolf v. Rabaud'', 26 U.S. 476, 497 (U.S. 1828)〕 A ''compulsory nonsuit'' is a decision by a court that a case cannot proceed to trial, either on substantive or procedural grounds. Depending on which grounds the nonsuit is entered, the plaintiff may or may not be able to file his case again. In the U.S. Federal Rules of Civil Procedure, the term does not appear, but a dismissal under Rules 12 and 41 has a similar effect. * 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 because most colonies, upon separation from England, still used English common law (as no U.S. or state-specific laws had yet been passed). In more modern parlance, this type of motion is known as a "motion of dismissal". 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Non-suit」の詳細全文を読む スポンサード リンク
|