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

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.

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.