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How to Dismiss a Case You Filed

Court How-Tos (Civil Procedure)

This article tells you how to dismiss (cancel) your law case. 

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. 

See Texas Rules of Civil Procedure, Rule 162. 

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 lateras 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 againeven 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."

Related Guides

  • I want to dismiss (nonsuit) a case I filed.

    Court How-Tos (Civil Procedure)

    Here are tools for dismissing a case: a concept called "taking a nonsuit" in Texas.
  • Related Articles

    Related Forms

  • Dismiss your case (Nonsuit) - Guided Form

    PR-Non1-408 - Guided

    Guided version. Use to withdraw a lawsuit you filed. "Without Prejudice" means you may be able to refile lawsuit later.
  • Notice of Nonsuit without Prejudice

    PR-Non1-408

    Use to withdraw a lawsuit you filed. "Without Prejudice" means you may be able to refile lawsuit later.
  • Order Granting Nonsuit without Prejudice

    PR-Non1-200

    Submit this form with Motion for Nonsuit. If the judge agrees with your motion, the judge will sign the form.
  • Agreed Motion to Dismiss without Prejudice

    PR-Dis1-104

    Use to withdraw a lawsuit. Both parties sign. "Without Prejudice" means you may be able to refile lawsuit later.
  • Agreed Order Dismissing Case without Prejudice

    PR-Dis1-200

    Submit this form with Agreed Motion for Nonsuit. If the judge agrees with your motion, the judge will sign the form.