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Although a Motion for Nonsuit or a Notice of Nonsuit is effective immediately upon filing, there must still be an order formally dismissing the case.
For example, a nonsuit with prejudice marks the end of a plaintiff's case, meaning they can no longer refile the case. On the other hand, a nonsuit without prejudice ends the current case but enables the plaintiff to refile in the future.
Notice of Nonsuit without Prejudice Use to withdraw a lawsuit you filed. "Without Prejudice" means you may be able to refile lawsuit later.
If you are the one who filed for divorce and your spouse has not yet filed a response, or counterpetition, then you alone can dismiss the suit. You are known as the petitioner and you can file a Notice of Nonsuit without Prejudice. Once the judge signs it, your divorce will be dismissed.
Rule 162. Dismissal or Non-suit (1988) At any time before the plaintiff has introduced all of his evidence other than rebuttal evidence, the plaintiff may dismiss a case, or take a non-suit which shall be entered in the minutes.