Here, learn about dismissing a case you filed: a concept called "taking a nonsuit" in Texas.
Can I dismiss my case?
You may dismiss or “nonsuit” a case you filed at any time before you have introduced all your evidence by filing a Notice of Nonsuit with the court.
What if I want to dismiss my case and the other party has filed a claim against me?
If the other party filed a claim against you in the same case (in a counterpetition, counterclaim, or asked the court for sanctions, attorney’s fees or other costs, for example), your Notice of Nonsuit will not dismiss the other party’s claims. If the other party filed a claim against you, the entire case can only be dismissed if you both agree.
If you both agree to dismiss the case, you should file an Agreed Motion to Dismiss Without Prejudice instead of a Notice of Nonsuit.
If I voluntarily dismiss my case, will I get the filing fee back?
No. If you dismiss or nonsuit your case, you will not get the filing fee back.
If I voluntarily dismiss my case, can I file it again at a later time?
Maybe. If you voluntarily dismiss a family law case, such as a divorce or custody case, you will usually be able to file your lawsuit again later—as long as your case is dismissed “without prejudice.”
If you voluntarily dismiss a civil case (that is not a family law case), legal deadlines and other laws may stop you from filing your lawsuit again—even if your case is dismissed “without prejudice.”
If you have questions, talk with a lawyer before dismissing your case.
What do “without prejudice” and “with prejudice” mean?
If your case is dismissed “without prejudice,” you can file it again (as long as there are no legal deadlines or other laws that stop you). If your case is dismissed “with prejudice,” you cannot file it again.
If you have questions, it’s important to talk with a lawyer before dismissing your case.
What are the steps to dismiss or nonsuit my case when I am the only party who has filed a claim?
See I want to dismiss (nonsuit) a case I filed. In that guide, click on the "Instructions and Forms" tab, then select "Steps to Dismiss or Nonsuit Case When You're the Only Party Who Filed a Claim."
What are the steps to dismiss my case by agreement?
See I want to dismiss (nonsuit) a case I filed. In that guide, click on the "Instructions and Forms" tab, then select "Steps to Dismiss or Nonsuit a Case by Agreement."
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PR-Non1-408 - Guided