(non-suit) n. application by a defendant in a lawsuit or criminal prosecution asking
the judge to rule that the plaintiff (the party who filed the lawsuit) or the prosecution
has not and cannot prove its case. Attorneys most often make this motion after the
plaintiff or prosecutor has presented all the evidence they have, but they can make
it at the end of the evidence presentation but before judgment or upon evidence
being presented that proves to the judge that the defendant cannot lose. Quite often
this is an oral motion, and arguments are made in the judge's chambers where the
jury cannot hear. It is also sometimes called a motion for nonsuit.
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