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Blank Texas Notice Of Nonsuit PDF Template

The Texas Notice of Nonsuit form is a legal document that allows a petitioner to voluntarily withdraw their case from court without prejudice, meaning they can refile in the future if they choose. This form is particularly relevant in family law cases, such as divorce proceedings, where one party may decide to pause or discontinue their claims. Understanding how to properly complete and file this form can help individuals navigate the complexities of the legal system more effectively.

Open Form

Blank Texas Notice Of Nonsuit PDF Template

Contents

Form Example

CAUSE NO. ___________________________

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

IN THE MATTER OF THE	§	IN THE
MARRIAGE OF	§
MARRIAGE OF	§		Court Number
	§		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

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	§	IN THE
MARRIAGE OF	§
MARRIAGE OF	§		Court Number
	§		Court Number
	§
____________________________	§		DISTRICT COURT
Petitioner, (print full name)	§
	§		COUNTY COURT AT LAW
AND	§
	§
____________________________	§	_________________ COUNTY, TEXAS
Respondent. (print full name)	§

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:

(Respondent)

(Delivery Address)

(City/State/ Zip)

Certified by:

__________________________________

Petitioner’s Signature

__________________________________

Petitioner’s Name

__________________________________

Phone

__________________________________

Mailing Address

__________________________________

Date

CERTIFICATE OF SERVICE REGARDING ORDER GRANTING NONSUIT WITHOUT PREJUDICE PAGE 3 OF 3

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Common mistakes

Incomplete Case Heading: Failing to fill out the case number and court information exactly as it appears in the original petition can lead to confusion and delays.
Missing Petitioner’s Name: Not printing the full name of the petitioner in the designated area can result in the form being rejected.
Not Indicating the Respondent's Name: Omitting the full name of the respondent can cause issues with the court’s records and processing.
Incorrect Signature: The petitioner must sign the form. A missing or incorrect signature can invalidate the notice.
Failure to Include Contact Information: Not providing a phone number or mailing address makes it difficult for the court to reach the petitioner if needed.
Not Specifying the Date: Leaving the date blank can lead to complications in tracking the notice's filing and its legal implications.
Ignoring Counterclaims: If the respondent has filed a counterpetition or counterclaims, the petitioner cannot file a nonsuit without addressing those claims first.
Improper Certificate of Service: Failing to complete the certificate of service correctly can lead to disputes about whether the respondent was properly notified.
Not Following Court Rules: Each court may have specific rules regarding the format and submission of forms. Ignoring these can result in rejection.

Key takeaways

When filling out and using the Texas Notice of Nonsuit form, consider the following key takeaways:

Complete the Heading: Ensure that the cause number and court information match the original petition exactly. This consistency is crucial for proper processing.
Petitioner Information: Clearly print your full name in the designated area. This identifies you as the Petitioner in the case.
Statement of Intent: Include a clear statement expressing your desire to discontinue the case. It should be noted that the Respondent has not filed any counterclaims.
Signature Requirement: Sign the form and provide your name, phone number, and mailing address. This information is necessary for the court's records.
Certificate of Service: After filing the Notice, serve a copy to the Respondent. Document how you served the notice, including the date and method of delivery.

⇓ Texas Notice Of Nonsuit PDF

Steps to Using Texas Notice Of Nonsuit

After completing the Texas Notice of Nonsuit form, the next steps involve submitting the document to the appropriate court and ensuring that the Respondent is properly notified. This process is crucial to ensure that your request is officially recognized and that all parties are informed of the decision.

Fill in the Cause Number: At the top of the form, write the cause number exactly as it appears in your original petition.
Complete the Court Information: Indicate the court number, district court, and county court at law where your case is filed.
Identify the Petitioner: Print your full name as the Petitioner in the designated space.
Identify the Respondent: Print the full name of the Respondent in the appropriate section.
State Your Intent: In the section that begins with "My name is," write your name again. Clearly state that you no longer wish to pursue the case.
Confirm No Counterclaims: Acknowledge that the Respondent has not filed any counterpetitions or claims.
Request Nonsuit: Formally request that the court grant a nonsuit of all claims against the Respondent without prejudice.
Sign the Form: Provide your signature in the designated area, confirming your status as the Petitioner.
Print Your Name: Write your name again below your signature.
Provide Contact Information: Fill in your phone number and mailing address accurately.
Date the Form: Indicate the date on which you are completing the form.
Certificate of Service: Complete the certificate section to confirm that a true copy of the notice has been served to the Respondent.
Choose Delivery Method: Specify how you delivered the notice (by fax, certified mail, or hand delivery) and fill in the required details.
Sign the Certificate: Sign the certificate of service, print your name, and provide your contact information again.