Nonsuit Without Prejudice Definition

State:
Texas
Control #:
TX-CC-50-08
Format:
PDF
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A07 Plaintiff's Motion for Nonsuit with Prejudice
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FAQ

If you are served a notice of nonsuit, it may come as a relief. Even if it is ?without prejudice,? chances are good the plaintiff does not have enough supporting evidence to pursue a claim against you in court.

Whereas a case that is dismissed ?with prejudice? is dismissed permanently, a case that is dismissed ?without prejudice? is only dismissed temporarily. This temporary dismissal means that the plaintiff is allowed to re-file charges, alter the claim, or bring the case to another court.

Nonsuit is a judgment given against a plaintiff in which the court dismisses a case because the plaintiff either was unable to make an adequate showing or is unwilling to continue with the case. A nonsuit may be voluntary or involuntary.

Generally speaking, a nonsuit is a legal action that dismisses a plaintiff's case. However, not all nonsuits have the same effect. For example, a nonsuit with prejudice marks the end of a plaintiff's case, meaning they can no longer refile 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.

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Nonsuit Without Prejudice Definition