(a) Only after, and not before, the plaintiff has completed his or her opening statement, or after the presentation of his or her evidence in a trial by jury, the defendant, without waiving his or her right to offer evidence in the event the motion is not granted, may move for a judgment of nonsuit.
§ 581c.Motion For Judgment Or Nonsuit By Defendant
Title 8. Of the Trial and Judgment In Civil Actions · Chapter 1. Judgment in General · Last amended 1999 · Last verified July 28, 2026
In one sentenceSection 581c lets a defendant move for nonsuit only after the plaintiff's opening statement or, in a jury trial, after the plaintiff's evidence is presented, permits partial nonsuit on some issues while the case continues on the rest, and treats a granted nonsuit as an adjudication on the merits unless the court says otherwise.
Full Text of § 581c
(b) If it appears that the evidence presented, or to be presented, supports the granting of the motion as to some but not all of the issues involved in the action, the court shall grant the motion as to those issues and the action shall proceed as to the issues remaining. Despite the granting of the motion, no final judgment shall be entered prior to the termination of the action, but the final judgment in the action shall, in addition to any matters determined in the trial, award judgment as determined by the motion herein provided for.
(c) If the motion is granted, unless the court in its order for judgment otherwise specifies, the judgment of nonsuit operates as an adjudication upon the merits.
(d) In actions which arise out of an injury to the person or to property, when a motion for judgment of nonsuit was granted on the basis that the defendant was without fault, no other defendant during trial, over plaintiff's objection, may attempt to attribute fault to or comment on the absence or involvement of the defendant who was granted the motion.
Plain-English Summary
A motion for nonsuit lets a defendant argue that the plaintiff's own case, as presented, can't support a verdict — without the defendant having to give up the right to put on evidence if the motion fails. But the timing is fixed: the defendant can move only after the plaintiff has completed an opening statement, or, in a jury trial, after the plaintiff's evidence has been presented.
Nonsuit doesn't have to be all-or-nothing. If the evidence supports granting the motion as to some issues but not others, the court grants it as to those issues while the case proceeds on what's left — though no final judgment is entered on the nonsuited issues until the whole action wraps up. The eventual final judgment folds in whatever the nonsuit motion decided along with everything else the trial resolves.
Unless the court's order says otherwise, a granted nonsuit operates as an adjudication on the merits — it isn't a mere procedural exit for the plaintiff's claim, but a substantive resolution. And in personal injury and property damage cases, once a co-defendant wins nonsuit on the ground of no fault, the remaining defendants can't try to shift blame to, or even comment on, that dismissed defendant's absence over the plaintiff's objection.
Frequently Asked Questions
When can a defendant move for judgment of nonsuit?
Only after the plaintiff has completed an opening statement, or, in a jury trial, after the plaintiff's evidence has been presented — not before.
Does moving for nonsuit waive the defendant's right to put on a defense?
No. Section 581c(a) preserves the defendant's right to offer evidence if the motion is denied.
Can a nonsuit be granted on only part of the case?
Yes, if the evidence supports it as to some issues but not others, the court grants the motion as to those issues while the case continues on the rest, with final judgment entered only when the action concludes.
Does a granted nonsuit count as a ruling on the merits?
Yes, unless the court's order specifies otherwise, a judgment of nonsuit operates as an adjudication upon the merits.
Can other defendants blame a dismissed co-defendant at trial?
Not if that co-defendant was granted nonsuit on the ground of no fault in a personal injury or property damage case — the remaining defendants can't attribute fault to or comment on that absence over the plaintiff's objection.
Amendment History
Amended by Stats. 1998, Ch. 200, Sec. 1. Effective January 1, 1999.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
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