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A nonsuit is generally "without prejudice," and the phrase most often used is "nonsuit without prejudice."

The nonsuit is usually initiated by the complaining party (plaintiff) and stops all legal action and removed the cause from the courts docket. In many states the nonsuit action is an absolute right of the plaintiff, up to a certain point in a legal action or cause.

Nonsuits are most often filed when the plaintiff feels he may lose his case, and he wants to preserve his right to bring the cause again, perhaps under more favorable circumstances.

A judge can also impose a nonsuit if the court determines the suit is improperly brought.

A companion term to nonsuit is a "dismissal", usually combined with the term "with prejudice." A "dismissal with prejudice" also stops all legal action associated with the cause, but the cause may not be brought again.

The terms "nonsuit" and "dismissal" are often considered equivalent terms, but the common legal usage is "nonsuit without prejudice," dismissal with prejudice." The former allowing the cause to be brought again, and the latter barring the cause from being brought again.

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