discontinuance


discontinuance
/diskantinyuwans/
Ending, causing to cease, ceasing to use, giving up, leaving off. Refers to the termination or abandonment of a project, structure, highway, or the like. The cessation of the proceedings in an action where the plaintiff voluntarily puts an end to it, either by giving notice in writing to the defendant before any step has been taken in the action subsequent to the answer, or at any other time by order of the court of a judge. A non-suit; dismissal.
Under Rules practice, "dismissal" is appropriate term for discontinuance; may be voluntary or involuntary and may effect counterclaim, cross claim or third party claim. Costs may be assessed. Fed.R. Civil P. 41.
In common law pleading, that technical interruption of the proceedings in an action which follows where a defendant does not answer the whole of the plaintiffs declaration, and the plaintiff omits to take judgment for the part unanswered

Black's law dictionary. . 1990.

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  • discontinuance — dis·con·tin·u·ance /ˌdis kən ti nyə wəns/ n 1: the usu. voluntary termination of an action by a plaintiff by motion or by failure to pursue the claim 2: the abandonment of a property or of a particular use of the property under the zoning laws… …   Law dictionary

  • Discontinuance — Dis con*tin u*ance, n. 1. The act of discontinuing, or the state of being discontinued; want of continued connection or continuity; breaking off; cessation; interruption; as, a discontinuance of conversation or intercourse; discontinuance of a… …   The Collaborative International Dictionary of English

  • discontinuance — UK US /ˌdɪskənˈtɪnjuəns/ noun [U] ► DISCONTINUATION(Cf. ↑discontinuation) …   Financial and business terms

  • discontinuance — late 14c., from Anglo French, from O.Fr. discontinuer (see DISCONTINUE (Cf. discontinue)) …   Etymology dictionary

  • discontinuance — [n] stop, suspension of activity adjournment, alternation, cease, cessation, close, closing, desistance, desuetude, discontinuation, disjunction, disruption, ending, finish, intermission, interruption, separation, stopping, termination; concept… …   New thesaurus

  • discontinuance — [dis΄kən tin′yo͞o əns] n. [ME < Anglo Fr: see DISCONTINUE & ANCE] 1. a stopping or being stopped; cessation or interruption 2. Law the stopping of a legal action prior to trial, either voluntarily by the plaintiff or by order of the court …   English World dictionary

  • discontinuance — /dis keuhn tin yooh euhns/, n. 1. the act or state of discontinuing or the state of being discontinued; cessation: the discontinuance of a business. 2. Law. the termination of a suit by the act of the plaintiff, as by notice in writing, or by… …   Universalium

  • discontinuance — I (New American Roget s College Thesaurus) Lack of continued connection Nouns discontinuance, discontinuity; disruption; disjunction, disconnection, interruption, letup, break, gap, interval, caesura; broken thread; intermission, half time. Slang …   English dictionary for students

  • discontinuance — noun Date: 14th century 1. the act or an instance of discontinuing 2. the interruption or termination of a legal action by the plaintiff s not continuing it …   New Collegiate Dictionary

  • discontinuance — noun The occurrence of something being discontinued; a cessation; an ending. Ant: continuance …   Wiktionary


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