Недействительность иска: процедура и правовые аспекты.

A non suit (British English) or nonsuit (American English) is a legal procedure. A plaintiff (or other person bringing a civil action, such as a petitioner) drops his or her suit, under certain circumstances that do not prevent another action being brought later on the same facts.

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. 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. Within the limitations, a plaintiff has an absolute right to one nonsuit. 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. The difference between a 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. A nonsuit is often taken by a plaintiff who anticipates a judgment or ruling that "imparts finality" against him, who wants to avoid the adverse judgment and preserve at least the possibility of prevailing on the merits of his case in the future.

In the common law courts (e. g. the Court of Common Pleas) a party to a civil action had a right of withdraw their claim/counterclaim by nonsuit up until verdict or judgment without prejudice to the launch of a fresh action. There was an equivalent right in the Court of Chancery to dismiss one's own bill (as actions in that court were known as). When the courts were merged by the Supreme Court of Judicature Act 1875, provision was made for the procedure to governed by rules of court. The 1875 rules provided for non suiting but also made provision for setting aside a judgment of nonsuit. In 1883 the nonsuit provisions were repealed and replaced by discontinuance of an action. Thereafter it was subsequently ruled that nonsuiting ceased to exist in the High Court of Justice having been wholly displaced by the provisions relating to discontinuance. In the County Courts, the County Court rules continued to provide for nonsuiting until the Rules of the Supreme Court and the County Court Rules were repealed and replaced by the Civil Procedure Rules 1998, which only provided for discontinuance. This brought nonsuiting to an end in mainstream England and Wales (although one cannot comment for e. g. actions in the High Court of Chivalry).

The present court rules make no provision for nonsuiting and provide instead for discontinuance. One therefore presumes nonsuiting no longer exists in Northern Ireland, applying the same principles as in England and Wales.