Steps to Dismiss or Nonsuit Case When You're the Only Party Who Filed a Claim

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.


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