The Texas Notice of Nonsuit form allows a petitioner to formally withdraw their case from court without prejudice, meaning they can potentially refile in the future. This document is essential when a petitioner decides not to pursue their claims against the respondent, particularly when no counterclaims have been filed. If you need to fill out this form, click the button below to get started.
When filling out the Texas Notice of Nonsuit form, it’s important to follow certain guidelines to ensure the process goes smoothly. Here are seven things to keep in mind:
CAUSE NO. ___________________________
(Complete the heading so that it looks exactly like the Petition)
IN THE MATTER OF THE
§
IN THE
MARRIAGE OF
Court Number
____________________________
DISTRICT COURT
Petitioner, (print full name)
COUNTY COURT AT LAW
AND
_________________ COUNTY, TEXAS
Respondent. (print full name)
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
PAGE 1 OF 3
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
ORDER GRANTING NONSUIT WITHOUT PREJUDICE
PAGE 2 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:
(Delivery Address)
Certified by:
CERTIFICATE OF SERVICE REGARDING ORDER GRANTING NONSUIT WITHOUT PREJUDICE PAGE 3 OF 3
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The Texas Notice of Nonsuit form is an important document in family law cases, particularly when a petitioner decides to withdraw their claims. In addition to this form, there are several other documents that are often used in conjunction with it. Below is a list of these documents, each serving a unique purpose in the legal process.
Understanding these documents is crucial for anyone navigating the legal landscape in Texas. Each plays a significant role in ensuring that the process is handled correctly and fairly for all parties involved.
Filling out the Texas Notice of Nonsuit form can seem straightforward, but many people make common mistakes that can lead to complications. One frequent error is failing to complete the heading correctly. The heading must mirror the original petition precisely, including the cause number and court information. If any detail is incorrect or missing, it can cause delays in processing the nonsuit.
Another mistake involves not ensuring that the Respondent has not filed a counterpetition or counterclaims. The form clearly states that the nonsuit can only be filed if no counterclaims exist. If a counterclaim has been filed, the nonsuit may not be granted, and the case could proceed without the Petitioner’s consent.
People often neglect to provide their full name and signature on the form. It is essential to print the full name clearly and sign the document. Missing this step can lead to the court rejecting the filing. Additionally, including contact information is crucial for any follow-up communication from the court.
Another common oversight is the certificate of service. This section confirms that the Respondent has been notified about the nonsuit. If this certificate is not filled out correctly, or if the Respondent is not properly served, it could invalidate the nonsuit. It is important to follow the Texas Rules of Civil Procedure when serving the notice.
Lastly, many individuals fail to date the form appropriately. The date is crucial as it indicates when the nonsuit was filed. An incorrect or missing date can lead to confusion regarding the timeline of the case. Taking the time to review the form carefully before submission can help prevent these common pitfalls.
Understanding the Texas Notice of Nonsuit form can be challenging due to several misconceptions. Below are some common misunderstandings and clarifications.
Filling out and using the Texas Notice of Nonsuit form is a straightforward process, but there are several important aspects to consider. Here are ten key takeaways:
By following these guidelines, you can effectively navigate the process of filing a Notice of Nonsuit in Texas.
Once the Texas Notice of Nonsuit form is completed, it should be filed with the court to formally withdraw your claims against the respondent. This action indicates that you are no longer pursuing the case, but you retain the right to refile in the future if you choose. Follow the steps below to accurately fill out the form.
After filling out the form, it is important to serve a copy to the respondent and file it with the court. Make sure to keep a copy for your records as well.