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Blank Texas Notice Of Nonsuit PDF Form

The Texas Notice of Nonsuit form is a legal document that allows a petitioner to formally withdraw their case from court without prejudice, meaning they can potentially refile in the future. This form is essential for individuals who have decided not to pursue their claims against the respondent, ensuring that their rights remain intact. If you are ready to fill out the Texas Notice of Nonsuit form, please click the button below.

Content Overview

The Texas Notice of Nonsuit form serves as a formal declaration by a petitioner indicating their decision to withdraw a legal case without prejudice. This means that the petitioner retains the right to refile the case in the future. The form requires specific information, including the cause number and the names of both the petitioner and the respondent. It is essential for the petitioner to confirm that the respondent has not filed any counterclaims or counterpetitions, which ensures a smooth process for the nonsuit. The form includes a section for the petitioner’s signature, contact information, and the date of filing. Additionally, an order from the court is necessary to officially grant the nonsuit, which confirms that all claims against the respondent are dismissed without prejudice. A certificate of service is also included, demonstrating that the respondent has been properly notified of the nonsuit in accordance with Texas rules. This form plays a crucial role in managing the legal proceedings effectively and provides a clear pathway for future actions if the petitioner chooses to pursue the case again.

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NOTICE OF NONSUIT WITHOUT PREJUDICE

PAGE 1 OF 3

CAUSE NO. ___________________________

(CompletetheheadingsothatitlooksexactlylikethePetition)

IN THE MATTER OF THE

MARRIAGE OF

____________________________

Petitioner, (printfullname)

and

____________________________

Respondent. (printfullname)

IN THE

DISTRICT COURT

COUNTY COURT AT LAW

_________________ COUNTY, TEXAS

NOTICE OF NONSUIT WITHOUT PREJUDICE

My name is ______________________________________________. I am the Petitioner in this

case. I wish to inform this Court that I no longer wish to pursue this case. Respondent has not

filed a counterpetition or any counterclaims in this matter. Therefore, Petitioner files this, Notice

of Nonsuit without Prejudice and asks that this Court grant a nonsuit of all of my claims against

Respondent without prejudice in the above-styled lawsuit.

Respectfully submitted,

__________________________________

Petitioner’s Signature

__________________________________

Petitioner’s Name

__________________________________

Phone

__________________________________

Mailing Address

__________________________________

Date

CourtNumber

ORDER GRANTING NONSUIT WITHOUT PREJUDICE

PAGE 2 OF 3

CAUSE NO. ___________________________

(CompletetheheadingsothatitlooksexactlylikethePetition)

IN THE MATTER OF THE

MARRIAGE OF

____________________________

Petitioner, (printfullname)

and

____________________________

Respondent. (printfullname)

IN THE

DISTRICT COURT

COUNTY COURT AT LAW

_________________ COUNTY, TEXAS

ORDER GRANTING NOTICE OF NONSUIT WITHOUT PREJUDICE

On the date shown below, the Court considered Petitioner’s Notice of Nonsuit without Prejudice

in the above styled lawsuit. Having considered Petitioner’s Notice of Nonsuit, the Court hereby

ORDERS that all Petitioner’s claims against Respondent be nonsuited without prejudice as to the

refiling of same.

It is further ORDERED that all costs of Court be taxed against the party incurring same.

SIGNED on this ____ day of ______________ 20________.

PRESIDING JUDGE

CourtNumber

CERTIFICATE OF SERVICE REGARDING ORDER GRANTING NONSUIT WITHOUT PREJUDICE

PAGE 3 OF 3

CERTIFICATE OF SERVICE

I certify that a true copy of the above was served on the Respondent in accordance with the

Texas Rules of Civil Procedure on ____________________ in the manner described below.

(Date)

By Fax to: ___________________________

(Faxnumber)

By Certified Mail to:

(Respondent)

(MailingAddress)

(City/State/Zip)

(CertifiedMailNo.)

By Hand-Delivery to:

(Respondent)

(DeliveryAddress)

(City/State/Zip)

Certified by:

__________________________________

Petitioner’s Signature

__________________________________

Petitioner’s Name

__________________________________

Phone

__________________________________

Mailing Address

__________________________________

Date

➤ PDF File

Form Specifications

Fact Name	Fact Description
Purpose	The Texas Notice of Nonsuit allows a petitioner to withdraw their case without prejudice, meaning they can refile in the future.
Governing Law	This form is governed by the Texas Rules of Civil Procedure, specifically Rule 162.
Signature Requirement	The petitioner must sign the form to validate the request for nonsuit.
Respondent's Counterclaims	The notice can only be filed if the respondent has not filed a counterpetition or counterclaims.
Filing Location	The form is filed in the district court of the county where the case was initiated.
Cost Implications	The court may tax costs against the party that incurred them in relation to the nonsuit.
Certificate of Service	A certificate of service must be included to confirm that the respondent was notified of the nonsuit.
Order Requirement	The court must issue an order granting the nonsuit for it to take effect.

Texas Notice Of Nonsuit: Usage Guidelines

Filling out the Texas Notice of Nonsuit form is a straightforward process that allows you to formally notify the court of your decision to discontinue your case. Once you complete this form, it will be submitted to the court, and you will also need to serve a copy to the other party involved in the case.

Complete the Heading: In the top section of the form, fill in the "CAUSE NO." to match the number on your original petition. Include the court number, the names of both the Petitioner and Respondent, and the appropriate court information.
Identify Yourself: In the section labeled "My name is," write your full name as the Petitioner.
State Your Intent: In the next sentence, clearly state that you wish to inform the court that you no longer wish to pursue the case. You can use the wording provided in the form.
Confirm Respondent's Status: Indicate that the Respondent has not filed a counterpetition or any counterclaims in this matter.
Request the Nonsuit: Formally request that the court grant a nonsuit of all your claims against the Respondent without prejudice. You can use the wording from the form for this section as well.
Sign the Form: At the bottom of the form, sign your name in the space provided for the Petitioner’s signature. Below that, print your name again.
Provide Contact Information: Fill in your phone number and mailing address in the designated spaces.
Date the Form: Finally, write the date on which you are filling out the form.

After completing the form, it is essential to serve a copy to the Respondent and file the original with the court. This step ensures that all parties are informed of your decision and that the court is aware of the nonsuit request.

Your Questions, Answered

What is a Texas Notice of Nonsuit?

A Texas Notice of Nonsuit is a legal document that a petitioner files to voluntarily dismiss their case without prejudice. This means that the petitioner can refile the case in the future if they choose to do so. The form is typically used in civil cases, including family law matters, where the petitioner no longer wishes to pursue their claims against the respondent.

When should I file a Notice of Nonsuit?

You should file a Notice of Nonsuit if you decide to withdraw your case before a final judgment is made. This can occur for various reasons, such as reaching an agreement outside of court, personal circumstances, or if you believe that pursuing the case is no longer in your best interest.

Do I need a lawyer to file a Notice of Nonsuit?

No, you do not need a lawyer to file a Notice of Nonsuit. However, it may be beneficial to consult with a legal professional to ensure that you understand the implications of dismissing your case and that you complete the form correctly.

What information do I need to provide on the form?

The form requires specific information, including the cause number, the names of the petitioner and respondent, and the court details. You must also sign the form and provide your contact information, including your phone number and mailing address.

What does "without prejudice" mean?

Will I incur any costs by filing a Notice of Nonsuit?

Yes, you may incur costs related to court fees or other expenses associated with your case. The court may order that these costs be paid by the party that incurred them. It is important to check with the court regarding any potential fees.

How is the Notice of Nonsuit served to the respondent?

You must serve a true copy of the Notice of Nonsuit to the respondent. This can be done by fax, certified mail, or hand delivery. The method of service should comply with the Texas Rules of Civil Procedure.

What happens after I file a Notice of Nonsuit?

Once you file the Notice of Nonsuit, the court will review it. If the court grants your request, all claims against the respondent will be dismissed without prejudice. You will receive a signed order from the court confirming this action.

Can I refile my case after filing a Notice of Nonsuit?

Yes, you can refile your case after filing a Notice of Nonsuit, as long as the dismissal was without prejudice. Be mindful of any applicable statutes of limitations that may affect your ability to refile.

Common mistakes

Incomplete Case Information: Failing to fill in the case number and court information accurately can lead to confusion and delays. Ensure that this section mirrors the details in the original petition.
Incorrect Petitioner Information: Neglecting to print the full name of the petitioner correctly can result in legal complications. This name should match the one used in the initial filing.
Omitting Respondent's Details: Not providing the full name of the respondent in the designated section may render the notice ineffective. Clarity is crucial in legal documents.
Failure to Sign: Forgetting to sign the form can invalidate the notice. The petitioner must provide their signature to authenticate the document.
Ignoring Service Requirements: Not serving a copy of the notice to the respondent as required by Texas Rules of Civil Procedure can lead to further legal issues. Proper service is essential for the notice to be recognized.
Missing Date Information: Leaving the date section blank or inaccurately filled can create complications in the timeline of the case. Always include the correct date of submission.
Not Understanding "Without Prejudice": Misinterpreting the term "without prejudice" may lead to confusion about the ability to refile claims later. It's important to understand that this allows for future action without penalty.

Documents used along the form

When filing a Texas Notice of Nonsuit, there are several other forms and documents that may also be relevant to the process. Each of these documents plays a crucial role in ensuring that all parties are informed and that the court's procedures are followed correctly. Below is a list of commonly used forms that accompany the Notice of Nonsuit.

Petition for Divorce: This document initiates the divorce process, outlining the reasons for the divorce and the specific relief sought by the petitioner. It sets the stage for the case and provides the court with essential information about the marriage and any children involved.
Answer to Petition: This form is filed by the respondent to respond to the allegations made in the Petition for Divorce. It allows the respondent to present their side of the story and to raise any defenses or counterclaims against the petitioner.
Motion to Dismiss: If a party believes that the case should not proceed for specific reasons, they may file this motion. It requests the court to dismiss the case based on legal grounds, which could include lack of jurisdiction or failure to state a claim.
Order of Dismissal: Once a nonsuit is granted, this document formally concludes the case. It is issued by the court to confirm that the claims have been dismissed and outlines any terms regarding costs or future filings.

Understanding these documents can help ensure that all necessary steps are taken in the legal process. Each form serves a distinct purpose, contributing to the clarity and efficiency of the proceedings. Properly managing these documents can facilitate a smoother experience in navigating the legal landscape.

Similar forms

Notice of Dismissal: Similar to a Notice of Nonsuit, a Notice of Dismissal allows a party to voluntarily end a lawsuit. However, a dismissal typically concludes the case entirely, while a nonsuit allows for the possibility of refiling in the future.
Motion to Withdraw: This document permits an attorney to withdraw from representing a client. Like a nonsuit, it indicates a desire to step back from a case, but it does not necessarily affect the status of the case itself.
Stipulation of Dismissal: In this agreement, both parties consent to dismiss the case. While a nonsuit is unilaterally filed by one party, a stipulation requires mutual agreement, making it a collaborative effort.
Request for Abatement: This document asks the court to temporarily pause a case. Like a nonsuit, it halts proceedings, but an abatement is intended for a specific period, whereas a nonsuit ends the case entirely.
Motion for Summary Judgment: This is a request for the court to rule in favor of one party without a full trial. Both documents aim to resolve issues without further litigation, but a nonsuit indicates a withdrawal rather than a judgment.
Affidavit of Non-Military Service: This document certifies that a party is not in military service, impacting the court's ability to proceed with a case. While it doesn't end a case, it may affect how a nonsuit is handled, particularly in family law matters.
Settlement Agreement: This document outlines the terms agreed upon by both parties to resolve a dispute. Like a nonsuit, it signifies the end of litigation, but it typically involves negotiations and compromises.
Withdrawal of Pleadings: This document allows a party to retract specific claims or defenses. Similar to a nonsuit, it indicates a change in strategy, but it does not necessarily terminate the case.

Dos and Don'ts

When filling out the Texas Notice of Nonsuit form, it’s essential to follow specific guidelines to ensure accuracy and compliance. Here’s a list of things you should and shouldn’t do:

Do complete the heading exactly as it appears in the Petition.
Do clearly print your full name as the Petitioner.
Do ensure that the Respondent has not filed any counterclaims before submitting the form.
Do provide accurate contact information, including your mailing address and phone number.
Do sign and date the form before submission.

Don't leave any sections of the form incomplete.
Don't forget to serve a copy of the notice to the Respondent as required.
Don't use informal language or abbreviations in the form.
Don't submit the form without reviewing it for errors.
Don't assume that the court will accept an incomplete or incorrect form.

By following these guidelines, you can help ensure that your Notice of Nonsuit is processed smoothly. Take the time to double-check your work—it can save you from potential delays or complications.

Misconceptions

Misconceptions about the Texas Notice of Nonsuit form can lead to confusion. Here are six common misunderstandings:

A nonsuit means the case is permanently closed. Many believe that filing a nonsuit closes the case forever. In reality, a nonsuit without prejudice allows the petitioner to refile the case in the future.
You cannot file a nonsuit if the respondent has filed a counterclaim. This is incorrect. A nonsuit can only be filed without prejudice if the respondent has not filed a counterpetition or any counterclaims.
The court must approve the nonsuit for it to be effective. While the court does need to acknowledge the nonsuit, it is typically granted as long as the conditions are met. The petitioner’s request is usually honored.
Filing a nonsuit means you lose your case. This is a misconception. A nonsuit simply means the petitioner chooses not to proceed at that time. It does not imply a loss or judgment against them.
You must provide a reason for filing a nonsuit. There is no requirement to give a reason when filing a nonsuit. The petitioner can simply state their intention to discontinue the case.
All costs are waived when a nonsuit is filed. This is misleading. The court may still tax costs against the party incurring them, even after a nonsuit is granted.

Key takeaways

When considering the Texas Notice of Nonsuit form, it is essential to understand several key points to ensure the process is handled correctly. Here are five important takeaways:

Understanding Nonsuit: A Notice of Nonsuit allows a petitioner to withdraw their case without prejudice, meaning they can potentially refile in the future.
Respondent's Role: Ensure that the respondent has not filed a counterpetition or any counterclaims. If they have, a nonsuit may not be appropriate.
Completing the Form: Fill out the form accurately, including the cause number and the full names of both the petitioner and the respondent.
Filing and Service: After signing, the notice must be filed with the court and served to the respondent in accordance with Texas Rules of Civil Procedure.
Cost Considerations: Be aware that the court may order costs to be taxed against the party incurring them, so it's important to consider any financial implications.