Define: Compulsory Nonsuit

A compulsory nonsuit is a legal term used to describe a situation where a judge dismisses a case without prejudice, typically due to the plaintiff’s failure to present sufficient evidence or meet the burden of proof.

A compulsory nonsuit can be granted during a trial if the judge determines that the plaintiff has failed to present a prima facie case, meaning they have not provided enough evidence to support their claims.

After a compulsory nonsuit is granted, the plaintiff has the option to refile the case and present additional evidence or arguments to support their claims. The case essentially starts over from the beginning.

Yes, a compulsory nonsuit can be appealed. The plaintiff can file an appeal with a higher court, arguing that the judge made an error in granting the nonsuit.

No, a defendant cannot request a compulsory nonsuit. Only the judge has the authority to grant a compulsory nonsuit based on the plaintiff’s failure to meet the burden of proof.

No, a compulsory nonsuit is different from a dismissal with prejudice. A compulsory nonsuit allows the plaintiff to refile the case, while a dismissal with prejudice means the case is dismissed permanently and cannot be refiled.

No, a compulsory nonsuit is typically granted during a trial, after the plaintiff has presented their case. It is a decision made by the judge based on the evidence presented.

In some cases, a compulsory nonsuit may still be granted even if the defendant admits liability. This can happen if the plaintiff fails to present sufficient evidence to support their damages or other claims.

Yes, a compulsory nonsuit can be granted if the plaintiff fails to appear in court without a valid reason. This is often referred to as a “default nonsuit” and is based on the plaintiff’s failure to prosecute the case.