Legal Non-Suit Notice

LEGAL NON-SUIT NOTICE

Court Name:    Case No.:    County:

Plaintiff Name:    Defendant Name:

Date Case Filed:

RECITALS

WHEREAS, Plaintiff commenced the above-captioned action against Defendant to recover damages and other relief arising from the events alleged in the complaint; and

WHEREAS, the parties have conferred and Plaintiff elects to enter a non-suit as to certain claims as set forth herein without creating prejudice to declared reservations expressly stated below; and

WHEREAS, the parties wish to record the Plaintiff's election to discontinue specified causes of action by non-suit pursuant to applicable procedural rules and to set forth the effect of such non-suit on costs, fees, and remaining claims.

NOW, THEREFORE

Plaintiff hereby gives notice to the Court and to all parties that Plaintiff elects to take a non-suit as set forth in this Notice. The parties acknowledge and agree that the terms below govern the effect of the non-suit.

1. NOTICE OF NON-SUIT

Pursuant to applicable procedural law, Plaintiff elects to non-suit the following cause(s) of action and claims:

Selection of dismissal type: With prejudice Without prejudice

2. EFFECT ON PENDING CLAIMS AND RELIEF

Unless otherwise specified in this Notice, the non-suit shall apply only to the claims expressly identified herein and shall not operate as a dismissal of any claim not explicitly listed. Plaintiff expressly reserves the right to pursue any remaining claims.

Any motions, hearings, or trial dates pertaining solely to the non-suited claim(s) shall be withdrawn or taken off calendar upon entry of an order of non-suit by the Court.

3. COSTS, FEES, AND TAXABLE EXPENSES

Unless the parties agree otherwise or the Court orders otherwise, each party shall bear its own costs and attorneys' fees incurred through the date of this Notice. The Plaintiff makes no waiver of any right to seek costs or fees by separate motion where permitted by statute or contract.

4. REPRESENTATIONS AND CERTIFICATIONS

Plaintiff, by signing below, certifies that Plaintiff has authority to take the action set forth in this Notice, that the information provided herein is true and correct to the best of Plaintiff's knowledge, and that the election to non-suit is made knowingly and voluntarily.

5. NOTICES

All notices, filings, and communications pursuant to this Notice shall be delivered to the addresses set forth below or to counsel of record.

6. AMENDMENTS; WAIVER; COUNTERPARTS

This Notice may be amended only by a written instrument executed by the parties or by further order of the Court. No waiver of any provision of this Notice shall be effective unless in writing signed by the waiving party. This Notice may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

7. GOVERNING LAW

This Notice shall be governed by and construed in accordance with the substantive laws of the jurisdiction in which the Court is located, without regard to conflict of law principles that would result in the application of any other law.

8. ENTIRE AGREEMENT; SEVERABILITY

This Notice contains the entire agreement of the parties with respect to the subject matter hereof. If any provision of this Notice is held to be invalid, illegal or unenforceable, the remaining provisions shall continue in full force and effect.

9. FILING AND ENTRY

Plaintiff requests that the Court enter an order reflecting the non-suit as described herein and that such order be entered in the appellate record as appropriate. The parties further request that the Court set forth any terms concerning costs, fees, or conditions to dismissal in its order.

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