Skip to main content

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.
Overview

Guide Overview

This guide includes forms and instructions to dismiss (cancel) a civil court case that you filed.

Nonsuit forms:

Online Guided Forms - Interactive

Dismiss your case (Nonsuit) - Guided Form

Both parties agree to dismiss:

Research Tips

First, read How to Dismiss a Case You Filed. 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. Talk to a lawyer if you need help understanding the legal significance of dismissing a case you filed. You can find a lawyer using TexasLawHelp.org's Legal Help Directory.

Common questions about Court How-Tos (Civil Procedure)

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. 

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.

No. If you dismiss or nonsuit your case, you will not get the filing fee back.

Maybe. If you voluntarily dismiss a family law case, such as a divorce or custody case, you will usually be able to file your case again at a later time - 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 case again - even if your case is dismissed “without prejudice.”

If you have questions, it's important to talk to a lawyer before dismissing your case.

Instructions & Forms

If the other party has not filed a claim against you (meaning the other party has not filed a counterpetition, counterclaim, or asked for attorney’s fees or for anything else from you in the case), fill out and file a Notice of Nonsuit without Prejudice and an Order Granting Nonsuit without Prejudice.

Checklist Steps

Fill out the box at the top (called the caption) so that it looks exactly like the Petition filed in your case. Be sure to include the cause number and court number.

Take the completed Notice of Nonsuit form and at least two copies to the clerk’s office where you filed your case. The clerk will keep the original, stamp your copies, and give the copies back to you.

If the other party filed an answer or was served, fill out and sign the Certificate of Service section at the bottom of the Notice of Nonsuit to show that you sent a copy of the Notice of Nonsuit to the other party. 

This means that you must send a copy of the Notice of Nonsuit to the other party in the lawsuit. Sometimes there is more than one (such as in a custody case that involves child support: sometimes the Office of the Attorney General's Child Support Division will be part of the suit). 

Send the copy to the other side the same day that you file it. You can send it by mail, fax, email, or through the e-filing system.

Ask the clerk when you can give your proposed Order to the judge. You may be able to see the judge that day. Or, you may have to come back another day. 

After the judge has signed your Order, turn in the signed Order at the clerk’s office. Get a file-stamped copy of the Order for your records.

Also, send a copy of the Order Granting Nonsuit to the other party in the lawsuit. Sometimes there is more than one (such as in a custody case that involves child support: sometimes the Office of the Attorney General's Child Support Division will be part of the suit). Send the copy to the other side the same day that you file it. You can send it by mail, fax, email, or through the e-filing system.

Forms Required

If you and the other party agree to dismiss the case, fill out and file the Agreed Motion to Dismiss Without Prejudice and Agreed Order Dismissing Case Without Prejudice.

Checklist Steps

Fill out the Agreed Motion to Dismiss Without Prejudice.

You must complete the box at the top (called the caption) so that it looks exactly like the Petition filed in your case. Include the cause number and court number.

This form tells the judge that you and the other party agree to dismiss your case. Fill it out completely.

Both you and the other party must sign this form.

Both you and the other party must sign the Agreed Motion to Dismiss Without Prejudice, because it tells the judge that you and the other party agree to dismiss your case. Fill it out completely.

Turn in your completed Agreed Motion to Dismiss form and an extra copy at the clerk’s office where you filed your case. The clerk will keep the original, stamp your copy and give it back to you.

In some counties, the clerk will give your Agreed Order to the judge. In other counties, you must take your Agreed Order to the judge. The clerk can tell you the way it’s done in your county.

When you file this form, you are asking the judge to sign it, too, to order your case dismissed. Fill it out completely except for the judge’s signature.

Both you and the other party must also sign this form.

Get a copy of the Agreed Order Dismissing Case Without Prejudice after it has been signed by the judge. Make sure the other party also has a copy, and keep a copy for your records.

Forms Required

Related Articles