[TX] What is the proper template and process to file a nonsuit for a small claims case in Dallas County, TX?

Voluntary Dismissal (Nonsuit) in Dallas County Small Claims Court

In Texas Justice Courts (Small Claims), a plaintiff may voluntarily dismiss a case — also known as taking a nonsuit — at any time before introducing all evidence other than rebuttal.

This right comes from:

• Texas Rule of Civil Procedure 162 (general nonsuit rule), and

• Rules 500.3 & 500.4 of the Texas Rules of Civil Procedure, which state that Justice Courts follow the general rules unless modified by the Justice Court rules.

A nonsuit is almost always without prejudice, meaning you may refile the case later unless:

• there is a settlement agreement barring refiling,

• the dismissal is part of a sanction, or

• a statute of limitations has expired.

Once the nonsuit is filed, the court will issue an Order of Dismissal.

Template: Motion for Nonsuit Without Prejudice

(Adapt the information to your specific case)

Cause No. [Your Case Number]
In the Justice Court, Precinct [#]
Dallas County, Texas
[Specify the correct place: Justice Court, Small Claims Division]

PLAINTIFF’S MOTION FOR NONSUIT WITHOUT PREJUDICE

TO THE HONORABLE JUDGE OF THE JUSTICE COURT:

COMES NOW, [Your Full Legal Name], Plaintiff in the above-captioned cause, and pursuant to Rule 162 of the Texas Rules of Civil Procedure, respectfully files this Motion for Nonsuit Without Prejudice.

Plaintiff no longer wishes to pursue this action at this time and requests that the Court dismiss the above-referenced cause without prejudice, thereby preserving Plaintiff’s right to refile at a later date if necessary.

WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that the Court grant this Motion and enter an Order of Dismissal Without Prejudice.

Respectfully submitted,

[Your Name]
[Your Address]
[City, State ZIP]
[Phone Number]
[Email Address]
Plaintiff, Pro Se

Signature: ___________________________
Date: _______________________________

How to use the template

• Fill in the case information.
  — Cause No.: Find it on your original petition
  — Plaintiff’s Name: Use your full legal name
• Add your signature and contact info.
  Include name, address, phone, and email.
• Make copies.
  Print and sign three copies: for the court, you, and the defendant.
• File with the court.
  Submit the original to the same Justice of the Peace court. In person or by mail; some courts accept fax—verify first.
• Send a copy to the defendant.
  Mail a copy to them. You may need to file a Certificate of Service confirming you sent it.
• Verify local procedure.
  Dallas County JP courts may have slightly different rules—always check.

Thank you for your time.