Steps to Dismiss or Nonsuit a Case by Agreement

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.


Source URL: https://texaslawhelp.org/checklist/steps-to-dismiss-or-nonsuit-a-case-by-agreement