Discontinuance Law and Legal Definition

Discontinuance means termination of a lawsuit by the plaintiff. It is the voluntary termination of litigation by plaintiff or by both parties by settlement. It is a chasm or interruption in the pleading.

The plaintiff cannot discontinue his/her action after a demurrer joined and entered, or after a verdict or a writ of inquiry without leave of court. Generally, plaintiff is liable for cost on discontinuance.

Discontinuance of estates is the alienation made or suffered by the tenant in tail, by which the issue in tail, or heir or successor, or those in reversion or remainder are driven to their action and cannot enter.