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Rule 164. Non-Suit (1984)


Upon the trial of any case, at any time before plaintiff 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. In the event a motion for sanctions is pending, or the party taking the non-suit has been ordered to pay either attorney fees or other costs, or both, as sanctions for failing to comply with court orders and has failed to pay such fees or costs, or both, the non-­suit shall have no effect upon the liability for attorney fees, sanctions, or other costs.

Amended by order of Dec. 5, 1983, eff. April 1, 1984: The last sentence is new and prevents the avoid­ance of certain sanctions by a non-suit.


Prior Amendments Future Amendments
Oct. 29, 1940, eff. Sept. 1, 1941 Repealed by order of July 15, 1987, eff. Jan. 1, 1988
July 22, 1975, eff. Jan. 1, 1976