Motion For Dismissal Form Texas
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FAQ
The statute of limitations has expired. The defendant's constitutional right to a speedy trial has been violated. Prosecutorial misconduct. Witnesses are uncooperative or the victim recants.
A Motion for Nonsuit is what a creditor typically files to dismiss a lawsuit. The motion is usually filed ?without prejudice?. This means that the Plaintiff is voluntarily giving up on their case but they reserve the right to re-file the case if they want to.
3 Time for Motion and Ruling. A motion to dismiss must be: (a) filed within 60 days after the first pleading containing the challenged cause of action is served on the movant; (b) filed at least 21 days before the motion is heard; and (c) granted or denied within 45 days after the motion is filed.
What does ?without prejudice? mean? If your case is dismissed ?without prejudice,? you can file it again (as long as there are no legal deadlines or other laws that stop you).
You may dismiss or ?nonsuit? a case you filed at any time before you have introduced all your evidence by filing a Notice of Nonsuit with the court. See Texas Rules of Civil Procedure, Rule 162. Talk to a lawyer if you need help understanding the legal significance of dismissing a case you filed.