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Rule 164. Non-Suit (1976)


Upon the trial of any case at any time before plaintiff has rested his case, i.e., has introduced all of his evidence other than rebuttal evidence, the plaintiff may take a non-suit, but he shall not thereby prejudice the right of an adverse party to be heard on his claim for affirmative relief.

Amended by order of July 22, 1975, eff. Jan. 1, 1976: The rule permits non-suit up to time the plaintiff rests his case.

Prior Amendments Future Amendments
Oct. 29, 1940, eff. Sept. 1, 1941 Dec. 5, 1973, eff. April 1, 1984
Repealed by order of July 15, 1987, eff. Jan. 1, 1988