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Nonsuit is a judgment given against a plaintiff in which the court dismisses a case because the plaintiff either was unable to make an adequate showing or is unwilling to continue with the case. A nonsuit may be voluntary or involuntary.
Rule 162. Dismissal or Non-suit (1988) At any time before the plaintiff has introduced all of his evidence other than rebuttal evidence, the plaintiff may dismiss a case, or take a non-suit which shall be entered in the minutes.
A motion for nonsuit has been termed a demurrer to the evidence because it con- cedes the truth of the facts of plaintiff s proposed or admitted evidence, and any inferences reasonably drawn from them, but contends that these facts, as a matter of law, do not sustain the plaintiff s case.
A motion for nonsuit resembles a motion for directed verdict, except they are made only by the defendant (not the plaintiff), and may be made as soon as the plaintiff makes its opening statement.
A motion is an application to the court made by the prosecutor or defense attorney, requesting that the court make a decision on a certain issue before the trial begins. The motion can affect the trial, courtroom, defendants, evidence, or testimony. Only judges decide the outcome of motions.
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For example, a nonsuit with prejudice marks the end of a plaintiffs case, meaning they can no longer refile the case. On the other hand, a nonsuit without prejudice ends the current case but enables the plaintiff to refile in the future.
For example, in California, a motion for nonsuit under California Code of Civil Procedure Section 581c is a procedural device which allows a defendant to challenge the sufficiency of plaintiffs evidence to submit the case to the jury, and it cannot be granted if the plaintiffs evidence would be sufficient to

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