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Rule 164. Non-Suit


At any time before the jury has retired, 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. When the case is tried by the judge, such non-suit may be taken at any time before the decision is announced.

Source: R. C. S. Art. 2182, unchanged.

Oct. 29, 1940, eff. Sept. 1, 1941.


July 22, 1975, eff. Jan. 1, 1976

Dec. 5, 1983, eff. April 1, 1984

Repealed by order of July 15, 1987, eff. Jan. 1, 1988