What Is a Nonsuit Without Prejudice? Your Guide to Dismissals

A nonsuit without prejudice means your case is dismissed but can be refiled. The plaintiff can voluntarily drop the case. The court can also dismiss it. Either way, you can bring the same claim back to court later.

Understanding Nonsuit Dismissals

A nonsuit dismisses a lawsuit. The dismissal can be voluntary or involuntary.

A voluntary nonsuit happens when the plaintiff willingly stops the case. An involuntary nonsuit occurs when the court dismisses the lawsuit. Courts dismiss cases through defendant motions or when lawsuits fail legal standards.

Nonsuit With Prejudice vs Without Prejudice

A dismissal with prejudice permanently ends your claim. You cannot bring the case back to court. You cannot take it to a higher court either.

A nonsuit without prejudice temporarily dismisses a lawsuit. The plaintiff may dismiss to amend claims or settle outside court. You can refile the lawsuit within the statute of limitations. You must send a notice of nonsuit without prejudice to the opposing party.

Nonsuits are complicated. Research the drawbacks and consequences before dismissing your case.

Example: Kyle faces a debt collector lawsuit. He files an Answer denying most claims and asserting affirmative defenses. The debt collector voluntarily dismisses the case with prejudice weeks later. The case is permanently closed by court order.

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When Can You Take a Nonsuit Without Prejudice?

You can dismiss a lawsuit with prejudice anytime. That permanently ends your case. A nonsuit without prejudice requires precision timing. You want to postpone the case, not end it.

Most state courts allow plaintiffs to voluntarily dismiss once. You must give notice of dismissal before:

• The jury retires to deliberate
• The judge sustains a motion to strike evidence
• The case reaches the court for final decision

You may also take a nonsuit orally in court. Oral dismissal works best when case presentation faces major challenges.

Federal Court Rules for Voluntary Dismissal

Federal Rules of Civil Procedure Rule 41(1)(A) provides limited voluntary dismissal options. The plaintiff may dismiss an action without court order by filing:

• A notice of dismissal before the opposing party serves an answer or summary judgment motion
• A stipulation of dismissal signed by all parties who appeared

You can only give unilateral notice before the defendant files an answer or counterclaim. You must request court permission for voluntary dismissal before the opposing party files summary judgment motions.

You may still voluntarily dismiss after these scenarios. However, you need court permission or a signed agreement with the defendant.

How Involuntary Nonsuits Work

Federal Rules of Civil Procedure Rule 41(2)(b) governs involuntary dismissals. An involuntary nonsuit occurs when the court dismisses due to errors or plaintiff inaction.

The defendant may move to dismiss if the plaintiff fails to prosecute. Courts also dismiss for failure to comply with rules or court orders. Unless stated otherwise, dismissal under this rule operates as adjudication on the merits.

How Many Nonsuits Without Prejudice Can You Take?

State courts allow you to voluntarily dismiss a lawsuit once. You may receive more nonsuit requests if you and defendant agree. State courts do not specify maximum nonsuits under mutual agreement.

The Two Dismissal Rule in Federal Court

Federal court voluntary dismissal is more complicated. The “two dismissal rule” could permanently dismiss your case if misunderstood.

You may voluntarily dismiss in federal court by:

• Filing dismissal notice before opposing party answers or files summary judgment motion
• Obtaining a signed agreement between you and the defendant

If you previously took a nonsuit for the same claim, federal courts may grant dismissal as adjudication on the merits. Adjudication on the merits means the court considered all evidence and legal submissions before dismissing.

If you dismissed another claim before, the adjudication on merits rule may apply. The two dismissal rule could close your case permanently. Your previous dismissal of a different claim could result in dismissal with prejudice.

Federal Rules of Civil Procedure Rule 41(1)(B) states: “Unless notice or stipulation states otherwise, the dismissal is without prejudice. But if the plaintiff previously dismissed any federal or state court action based on or including the same claim, a notice of dismissal operates as an adjudication on the merits.”

There is no limit to voluntary dismissals if the two dismissal rule does not apply. For example, if you and defendant agree to dismiss without prejudice the second time.

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Can You Take a Nonsuit Without Prejudice for Part of a Claim?

No. You must voluntarily dismiss the entire lawsuit against the defendant. Instead of dismissing parts, amend the requests to remove dismissible parts. Then start a new case.

How to Refile a Claim After a Nonsuit Without Prejudice

First, ensure you refile within the statute of limitations. Your refiled claim is only valid when filed within the stipulated time frame. Both state and federal courts require timely refiling.

Second, you may encounter setbacks if your opponent files a counterclaim. The compulsory counterclaim rule prevents nonsuit if a defendant filed a counter lawsuit against you.

In state court, the setbacks might be insignificant. In federal court, it could threaten your refiling chance. If you voluntarily dismiss a case with a counterclaim in federal court, the court does not discontinue the counterclaim. You become the defendant. If your opponent wins, the case closes. You lose the chance to refile and pay damages.

The Six Month Savings Period

You can use the six month savings period to refile your case. The savings statute lets you refile within six months after the statute of limitations expires. But the six month savings period has several pitfalls.

In state courts, the six months count after the judge signs the dismissal order. In federal court, the period counts from when the clerk enters the signed order. Always count six months from the dismissal notice date to beat the deadline.

You cannot refile claims under the Federal Tort Claims Act using the savings statute.

Causes of action requiring pre-suit notice may be subject to savings statutes in some states but not others. In some states, medical malpractice claims cannot be refiled once dismissed.

The six month savings period is offered once. Even if you refile claims consecutively, the six months count from the first dismissal date.

Laws vary by state regarding voluntary dismissals and refiling. Check your state’s specific rules.

Fight Back Against Debt Collection Lawsuits

Being sued for debt is overwhelming and stressful. You can fight back without hiring a lawyer. Your chances of dismissal are good, especially if your debt is past the statute of limitations or held by a collection agency.

Responding to your lawsuit increases your chances of dismissal by 7x. You answer questions online, and customized Answer documents get created for your case. Licensed attorneys review it before filing.

How Debt Lawsuit Defense Works

No matter where you are in the debt collection process, you have options. You can respond to debt lawsuits systematically. You can send letters to collectors. You can even negotiate to settle debt for less.

The process simplifies and streamlines settling your debt. You contact your debt collector and negotiate online. Everything happens digitally without complicated paperwork or attorney fees.

Debt lawsuits feel complicated. The right tools make them simpler to navigate. You deserve a fighting chance against aggressive collectors.