Texas Stipulation for Dismissal
Description
How to fill out Stipulation For Dismissal?
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FAQ
If the other party filed a claim against you, the entire case can only be dismissed if you both agree. If you both agree to dismiss the case, you should file an Agreed Motion to Dismiss Without Prejudice instead of a Notice of Nonsuit.
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.
If your case was dismissed for want of prosecution, you can ask the judge to reopen your case by filing a Motion to Reinstate Case on Docket and Notice of Hearing (if you file by the deadline discussed below.) See Texas Rule of Civil Procedure 165(a)(4).
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.
It means that all parties to the case (usually just a plaintiff and defendant) have mutually agreed that the case will be dismissed, and that they have additionally agreed that the dismissal is the final outcome of the matter and that the case cannot be refiled. ?Joint? = all parties. ?Stipulation? = agreement.
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.
The prosecuting attorney and the judge are the only ones with the power to dismiss a criminal case. Because the prosecutor filed the charge, they also have the discretion to dismiss it if they believe the facts and circumstances warrant it.
