I want to dismiss (nonsuit) a case I filed.
Court How-Tos (Civil Procedure)
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
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
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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. -
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.
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
-
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.
Articles
Articles in this guide
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Civil Litigation in Texas: The Basics
This article explains the basics of civil lawsuits in Texas. -
Tips for the Courtroom
This article tells you general information on what to do and not to do in a courtroom. -
What Court Staff Can and Cannot Do
Information on what type of services a court can offer. -
How to Dismiss a Case You Filed
What to do when you don't want to continue with your case. -
Motions and Requests
Motions and requests are how you formally ask a judge to take an action during a case. -
Ending a Case Before Trial
This article explains how lawsuits can be resolved without a trial.