Can a Non-Suit Order be signed electronically?

Many courts accept electronically signed proposed orders and e-filed documents, but acceptance varies. Ensure the jurisdiction permits electronic signatures for court filings, verify whether the court requires a judge or clerk wet signature, and retain a detailed audit trail demonstrating signer intent per ESIGN (15 U.S.C. §7001) and applicable state rules.

Does e-filing replace proof of service?

E-filing systems often generate a transmission notice, but local rules may still require a separate certificate of service. Always include a signed certificate of service specifying method and date to avoid service disputes.

What if the dismissal is unclear on prejudice?

Omitting whether dismissal is 'with' or 'without prejudice' creates ambiguity about refiling. Amend or correct the order promptly to state the intended disposition and avoid later jurisdictional bars or motions to clarify.

Will a Non-Suit Order affect the statute of limitations?

A voluntary non-suit can affect tolling and refiling rights in some jurisdictions. Confirm local law and any tolling agreements before dismissing to prevent unintended waiver of claims.

Who must sign the order before filing?

Typically counsel and the judge or clerk must sign depending on local practice. If a stipulation is required, obtain opposing counsel’s signature and then submit the proposed order for court entry per the clerk’s procedures.

How should I retain electronic copies?

Keep a filed-stamped PDF, the audit trail showing signer identity and timestamps, and any service proof. For healthcare-related matters, follow HIPAA retention rules (45 CFR §164.530(j)); for financial records, follow IRS retention guidance (IRC §6501(a)).

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Legal
Legal Non-Suit Order

Legal Non-Suit Order

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LEGAL NON-SUIT ORDER

IN THE FOR THE

Case Number: Plaintiff: vs. Defendant:

Presiding Judge: Hearing Date:

RECITALS

WHEREAS, Plaintiff commenced this action by filing a complaint on ; and

WHEREAS, the parties have conferred and have either agreed to a voluntary non-suit or the Court has considered the Plaintiff's motion for non-suit consistent with applicable procedural rules; and

WHEREAS, the Court finds good cause exists to enter an order dismissing the action as set forth below.

NOW, THEREFORE

IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows:

Order of Non-Suit. The action identified by Case Number is dismissed by non-suit. The dismissal shall be:
Without prejudice With prejudice

The selection above controls the effect of the dismissal with respect to the ability of Plaintiff to refile the claims, subject to statutes of limitations and equitable defenses.
Costs, Fees and Sanctions. Unless otherwise ordered, each party shall bear its own costs and attorney fees. If any party seeks an award of costs, fees, sanctions or other monetary relief in connection with the dismissal, that party must submit a separate motion supported by affidavit and billing records within of the entry of this Order. The Court retains discretion to award such relief following motion practice.
Preservation of Certain Claims. This Order does not affect any rights or claims expressly reserved in writing by the parties. Any defenses based on jurisdictional, venue, statute of limitations or res judicata grounds are preserved to the parties unless expressly waived in a separate, signed writing.
Entry and Effect of Order. The Clerk is directed to enter this Order on the docket. Entry of this Order constitutes final disposition for purposes of appeal unless otherwise set forth herein. If the dismissal is without prejudice, the Court expressly finds that entry of judgment is not required at this time.
Retention of Jurisdiction. The Court expressly reserves jurisdiction to enforce or interpret any settlement agreement or to resolve ancillary matters arising from this Order, including motions to enforce settlement agreements or resolve disputes regarding the terms of dismissal.
Additional Terms. The parties represent that any additional terms or agreements relevant to the dismissal are set forth below or in an attached writing approved by counsel for each party.

NOTICES

All notices required or permitted by this Order shall be in writing and delivered to counsel of record for the parties. Service by electronic filing or by hand delivery or first-class mail to the most recent counsel address of record shall be sufficient.

AMENDMENTS AND WAIVER

This Order may not be modified except by a written order of the Court. No waiver by any party of any provision of this Order shall be effective unless contained in a written instrument signed by the party waiving compliance.

GOVERNING LAW; SEVERABILITY; ENTIRE AGREEMENT

This Order shall be governed by the procedural and substantive law of the forum court. If any provision of this Order is held invalid, the remaining provisions shall remain in full force and effect. This Order, together with any settlement agreement expressly incorporated herein, constitutes the entire understanding between the parties with respect to the dismissal authorized herein.

MISCELLANEOUS

A certified copy of this Order may be filed in any other action or proceeding to give notice of the dismissal. Any deadlines tolled by agreement must be stated explicitly in writing and appended to the Court docket.

CLERK ENTRY

Clerk Notes: Entry Date:

Plaintiff:

By:

Date:

Defendant:

By:

Date:

What a Legal Non-Suit Order Is and when it arises

A Legal Non-Suit Order is a court action that ends a plaintiff's case without a final adjudication on the merits, typically at the plaintiff's request or under court rule. It can be entered voluntarily by stipulation or after a motion and may preserve the plaintiff's right to refile depending on jurisdictional rules, statutes of limitation, and local court procedural requirements. Courts may attach conditions such as costs, refiling limits, or a hearing date. The form records the court's disposition, case caption, parties, and any terms for dismissal.

Why the Legal Non-Suit Order matters for case management

A Non-Suit Order formally closes a docketed matter while documenting any limits on refiling, cost allocation, or timeline impacts. It protects court records, notifies parties of case status, and creates an official record for appeals, enforcement of costs, or future litigation timing.

Who prepares, signs, and receives a Non-Suit Order

Typical users include litigants, counsel, and court clerks who prepare or file the order and opposing counsel who must be served or notified.

Plaintiff or plaintiff’s counsel — prepares stipulation or proposed order and files with the clerk.
Defendant or defendant’s counsel — reviews terms, signs stipulation when required and accepts service.
Court clerk / judge — enters, signs, and issues the official order on the docket.

Step-by-step: preparing and filing a Non-Suit Order

Follow these sequential steps to prepare, sign, and file a clean Non-Suit Order with minimal procedural risk.

01

Draft order: Prepare the proposed Non-Suit language and include disposition details.
02

Obtain agreement: Secure opposing counsel's signature or court approval where required.
03

File with clerk: Submit the proposed order per local e-filing or in-person rules.
04

Serve parties: Provide a filed-stamped copy to all parties and retain proof of service.

Core elements to include in a professional Non-Suit Order

A clear, complete order reduces disputes and ensures the court and parties understand the dismissal scope and any post-dismissal obligations.

Case caption

Full court name, case number, and party captions should match the initiating complaint and clerk records to avoid misfiling or archival errors.

Clear disposition

State that the action is dismissed as a non-suit and specify whether the dismissal is with or without prejudice, since that determines refiling rights.

Refiling conditions

If refiling is limited, state the time window, number of allowable refilings, or any tolling agreement to prevent future statute-of-limitations disputes.

Costs allocation

Document who bears filing fees and taxable costs, any payment deadlines, and consequences for nonpayment to make enforcement straightforward.

Judge or clerk signature

Include signature block for the judge or court clerk and a line for the date of entry to create an authoritative public record.

Service instructions

Specify how and when parties were or will be served (e-file notification, hand delivery, mail) and include a certificate of service.

Required data elements and document metadata

Case Number: Exact docket ID

Court Name: Jurisdiction and division

Party Names: Full legal names

Entry Date: MM/DD/YYYY

Signatures: Judge/clerk and counsel

Service Record: Method and date

How to customize an online Non-Suit Order workflow

Configure fields, signer order, and filing destinations before sending the order for signature to ensure compliance with local court processes.

Field	Configuration
Case metadata	Auto-populate caption and case number via template merge
Signer order	Set judge/clerk as final signer; counsel as prior signers
Authentication	Use email or SMS code for counsel; stronger methods for court officials
Delivery method	Send filed copy to docketing inbox and serve parties automatically

Where to file, send, and serve a Non-Suit Order

Filing, docketing, and service follow local court rules; confirm whether e-filing and electronic service are accepted in the jurisdiction before submission.

Court clerk filing: Submit via local e-filing portal or in person at the clerk’s office.
Judge signature: If required, present to the judge for signature at a hearing or via clerk processing.
Party service: Serve opposing counsel and pro se parties per rule (electronic or physical service).
Docket entry: Clerk enters the order on the public docket and returns a filed-stamped copy.

Options for sharing and e-signing a Non-Suit Order

Courts and parties may accept electronic signatures and e-filing, but requirements differ by jurisdiction and court type.

E-filing systems: CM/ECF or local portals
eSignature methods: Email link, SMS code, or PKI
Storage formats: PDF/A or tagged PDF

Typical timing considerations and local deadlines

Deadlines for filing or serving a Non-Suit Order depend on local rules, status of the case, and whether a hearing or judge approval is required before entry.

Pretrial window:

Many non-suits are filed before trial or verdict; consult local pretrial deadlines.

Hearing scheduling:

If the court requires a hearing, expect a scheduling lead time set by the clerk.

Service timing:

Serve opposing parties promptly after entry per statutory or rule-based timelines.

Refiling limits:

Some jurisdictions limit refiling; verify any narrow time windows.

Cost compliance:

Pay clerk fees and satisfy cost orders within the time specified to avoid sanctions.

Common mistakes to avoid when preparing a Non-Suit Order

Using inconsistent party names or case numbers that cause the clerk to misfile the order and delay entry.
Failing to state whether dismissal is with or without prejudice, creating uncertainty about refiling rights.
Neglecting to include a certificate of service or proof of service method required by local rule.
Submitting a signed but unfiled order and assuming the case is dismissed before the clerk enters it on the docket.

Consequences of an incorrect or incomplete Non-Suit Order

Refiling barred: May prevent refiling

Sanctions risk: Court may impose costs

Statute impact: Affects limitation tolling

Service defects: Order may be ineffective

Docket errors: Public record may be incorrect

Enforcement issues: Costs/orders may be unenforceable

Comparing eSignature options for preparing and signing a Non-Suit Order

Assess platform pricing, trial availability, bulk-send needs, audit trails, HIPAA support, and envelope caps when choosing an eSignature provider for court-related documents.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies	Varies	Varies	Varies
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No cap	100 envelopes/user/year	Varies	Varies	Varies

Frequently asked questions about Non-Suit Orders and electronic handling

Answers to common procedural, filing, and eSignature questions that arise when preparing or submitting a Non-Suit Order.

Need help? Contact support

Can a Non-Suit Order be signed electronically?
Many courts accept electronically signed proposed orders and e-filed documents, but acceptance varies. Ensure the jurisdiction permits electronic signatures for court filings, verify whether the court requires a judge or clerk wet signature, and retain a detailed audit trail demonstrating signer intent per ESIGN (15 U.S.C. §7001) and applicable state rules.
Does e-filing replace proof of service?
E-filing systems often generate a transmission notice, but local rules may still require a separate certificate of service. Always include a signed certificate of service specifying method and date to avoid service disputes.
What if the dismissal is unclear on prejudice?
Omitting whether dismissal is 'with' or 'without prejudice' creates ambiguity about refiling. Amend or correct the order promptly to state the intended disposition and avoid later jurisdictional bars or motions to clarify.
Will a Non-Suit Order affect the statute of limitations?
A voluntary non-suit can affect tolling and refiling rights in some jurisdictions. Confirm local law and any tolling agreements before dismissing to prevent unintended waiver of claims.
Who must sign the order before filing?
Typically counsel and the judge or clerk must sign depending on local practice. If a stipulation is required, obtain opposing counsel’s signature and then submit the proposed order for court entry per the clerk’s procedures.
How should I retain electronic copies?
Keep a filed-stamped PDF, the audit trail showing signer identity and timestamps, and any service proof. For healthcare-related matters, follow HIPAA retention rules (45 CFR §164.530(j)); for financial records, follow IRS retention guidance (IRC §6501(a)).

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