What effect does a nonsuit have?

A nonsuit voluntarily discontinues the named claim(s) or defendants without adjudicating the merits; whether the dismissal is with or without prejudice affects refiling rights and depends on the notice language and applicable state law.

How must I serve the notice?

Serve opposing counsel and any required parties according to local rules; acceptable methods often include electronic service where parties consent, mail, or hand delivery—always include a signed proof of service in the filing.

Can a notice be e-signed and e-filed?

Electronic signatures are legally valid under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, but courts and local rules may set specific e-filing or signature requirements; verify local court acceptance before relying solely on e-signatures.

Does filing a nonsuit toll the statute of limitations?

Tolling rules differ by jurisdiction and claim type; a nonsuit does not automatically extend statutory deadlines—consult local statute and case law to determine refiling windows.

Who is authorized to sign the notice?

An attorney of record or the plaintiff if unrepresented should sign; include bar number if applicable. Ensure signer authority is documented and consistent with court requirements.

Can a nonsuit be revoked or amended?

Revocation or amendment depends on court rules and whether the nonsuit has been entered on the docket; party may seek court leave to amend, but opposing party rights and timing considerations will influence outcome.

Electronic Signature
Templates
Legal
Legal Notice of Nonsuit

Legal Notice of Nonsuit

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

LEGAL NOTICE OF NONSUIT

To: , County of .

Case No.: Judge:

Title:

Plaintiff Name: — Defendant Name:

RECITALS

WHEREAS, Plaintiff commenced the above-captioned action by filing a complaint on or about asserting the causes of action described in the complaint;

WHEREAS, Plaintiff, after consideration of the merits and costs of further prosecution, elects to take a nonsuit as permitted by applicable statute and court rules; and

WHEREAS, Plaintiff gives notice to the Court and all parties of record of Plaintiff's election to dismiss the action by nonsuit as set forth below.

NOW, THEREFORE

Notice is hereby given that Plaintiff elects to take a nonsuit in the above-captioned action. The terms and effect of this nonsuit are specified in the provisions below.

1. NOTICE OF NONSUIT

Plaintiff hereby takes a nonsuit as to the causes of action identified in Section 2. The nonsuit is taken: Without prejudice With prejudice

Causes of action, claims, and specific relief to be dismissed (state causes, counts, claims):

2. PARTIES AND COUNSEL

Plaintiff Plaintiff Counsel / Contact Defendant

3. EFFECT OF NONSUIT

Upon filing of this Notice of Nonsuit with the clerk of the court and service upon all parties, the identified causes of action shall be dismissed in accordance with applicable procedural law. A nonsuit taken without prejudice permits refiling of the dismissed claims subject to any statute of limitations and equitable doctrines; a nonsuit with prejudice operates as a final adjudication on the merits as to the dismissed claims.

Unless otherwise ordered by the Court, entry of judgment, costs, attorney fees, and taxability of any award shall be governed by applicable rules and statutes. The taking of this nonsuit does not constitute a waiver of those claims or defenses expressly reserved in writing below.

4. COSTS, ATTORNEY FEES, AND RESERVATIONS

Plaintiff reserves the right to seek or oppose recovery of costs or attorney fees in accordance with statute or contract. If Plaintiff seeks costs or fees as part of or following this nonsuit, Plaintiff will file a separate motion or application detailing the legal and factual basis.

5. SERVICE OF NOTICE

This Notice of Nonsuit will be served on all parties of record by the following method(s):

First-Class Mail Hand Delivery / Personal Service Electronic Service (per agreement or court rule)

Date of service: — Served to:

6. CERTIFICATION OF SERVICE

I certify under penalty of perjury under the laws of the jurisdiction in which this action is pending that the foregoing is true and correct and that a copy of this Notice of Nonsuit was served as indicated above.

I certify the above statements are true and correct.

7. NOTICES

All notices, filings, and correspondence required or permitted under this Notice shall be in writing and shall be deemed delivered when served in accordance with applicable rules or when sent by first-class mail to the addresses provided below.

Plaintiff Contact for Notices Defendant Contact for Notices

8. GOVERNING LAW

This Notice of Nonsuit shall be governed by and construed in accordance with the laws and procedural rules of the jurisdiction in which the action is filed.

9. ENTIRE AGREEMENT; SEVERABILITY

This Notice contains the entire notice of nonsuit and supersedes any prior oral or written communications regarding the dismissal election. If any provision of this Notice is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

10. AMENDMENTS; WAIVER; COUNTERPARTS

Any amendment or waiver of a provision of this Notice shall be in writing and signed by the party seeking the amendment or waiver. This Notice may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

Plaintiff:

By:

Date:

Defendant / Acknowledging Party:

By:

Date:

What a Legal Notice of Nonsuit Is and when it applies

A Legal Notice of Nonsuit is a procedural filing used by a plaintiff to voluntarily discontinue a civil action against one or more defendants without entering a final judgment. The notice informs the court and opposing parties that the plaintiff has elected not to pursue specified claims at this time. Procedures and consequences vary by jurisdiction and local court rules; the filing typically must include the case caption, case number, the plaintiff’s statement of nonsuit, and proof of service. Electronic filing and service are increasingly accepted where permitted by state e-filing and court rules.

Why a clear Notice of Nonsuit matters

A correctly prepared notice clarifies case status, preserves procedural rights where permitted, and prevents ambiguity that can lead to additional motions or sanctions. Using secure e-filing and eSignature workflows can reduce processing time and create reliable audit trails for the record.

Who typically prepares and receives a Notice of Nonsuit

The document is commonly prepared by plaintiff-side counsel, in-house legal teams, or self-represented litigants when a claim is being dropped or narrowed.

Plaintiff’s counsel: Prepares the filing, ensures compliance with local civil procedure, and serves opposing counsel promptly.
Defendant’s counsel: Receives notice, may file response or stipulation, and monitors deadlines for refiling or motions.
Pro se litigant: May file directly; must follow court rules and confirm service and filing requirements carefully.

The clerk’s office and the opposing party are standard recipients; local rules may require additional service to trustees or third parties.

Core elements to include in a professional Notice of Nonsuit

A structured notice reduces rejection risk. Include the court caption, clear nonsuit language, and proof of service so the record accurately reflects the plaintiff’s intent and the court can update the docket.

Court Caption

List court name, county, and case caption exactly as on original pleadings so clerks can match records without manual correction.

Case Number

Enter the full docket/case number used by the court; an incorrect number can delay processing or misfile the notice.

Statement

A concise sentence stating the plaintiff voluntarily takes a nonsuit as to specific claims or defendants, and whether the nonsuit is with or without prejudice.

Service Certification

A signed certification showing how and when opposing counsel or parties were served, including method and date of service.

Signature Block

Printed name, attorney bar number (if applicable), firm, address, telephone, and email; a legible signature and date are required.

Filing Instructions

Indicate whether the notice is being e-filed, mailed, or hand-delivered; include proof of e-filing receipts or postage when required.

Essential data fields required on the form

Court Caption: Court name and division

Docket Number: Full case number

Party Names: Plaintiff and defendant

Nonsuit Statement: Clear one-sentence declaration

Service Date: MM/DD/YYYY format

Signature: Signer name and date

Step-by-step: preparing and filing the Notice of Nonsuit

Follow these sequential steps to complete the notice properly and minimize filing delays or challenges from the court or opposing parties.

01

Gather case details: Confirm court, case number, and parties exactly as filed.
02

Draft the statement: State voluntary nonsuit language and specify claims or defendants affected.
03

Sign and date: Have authorized signer sign; notarize only if local rules require.
04

File and serve: E-file or file with clerk and serve all parties per local rules.

Setting up an online workflow for the Notice of Nonsuit

Configure the digital form so fields capture required data, collect signatures, and produce a court-ready PDF with an audit trail.

Field	Configuration
Caption Field	Mandatory, auto-fill from case template
Case Number Field	Required, exact-match validation
Signature Field	Signer name, date, optional notarization flag
Service Proof Field	Attach certificate or upload receipt

Where to file and how the notice travels through the system

The filing path varies by court. Typical routing includes clerk filing, opposing-party service, and docket entry by the clerk.

File with clerk: E-file or deliver physical copy to the clerk’s office.
Serve parties: Deliver notice to opposing counsel and other named parties per rule.
Clerk docketing: Clerk stamps and records the entry on the public docket.
Retain records: Keep the filed notice and proof-of-service for your files.

Digital delivery and eSignature considerations

Confirm the court and local rules allow electronic filing and whether e-signatures are accepted for filings or service certifications.

File formats: PDF/A preferred for court records
Integrations: E-filing portals and case management systems
Authentication: Email, SMS code, or stronger methods

Timing considerations and immediate next steps

Timing affects rights to refile, tolling, and potential motion practice; file and serve the notice promptly once the decision to nonsuit is made.

Immediate filing:

File the notice as soon as the nonsuit decision is finalized.

Service timing:

Serve opposing parties per local rule to start any deadlines.

Refiling window:

Refiling periods vary by state and claim — check local statutes.

Court responses:

Opposing party may file motions within local deadlines.

Recordkeeping:

Archive filed notice and proof of service immediately.

Common mistakes to avoid when preparing the notice

Using an incorrect case caption or docket number that causes misfiling or rejection by the clerk.
Failing to serve all required parties timely, which can preserve grounds for objections or motions.
Omitting a clear statement whether the nonsuit is with or without prejudice and which claims are affected.
Relying on an unsigned or improperly authenticated signature that fails local court acceptance standards.

Risks and consequences of errors in the Notice of Nonsuit

Refiling risk: Statute of limitations loss

Sanctions: Court may impose costs or sanctions

Misfiling: Administrative rejection or delay

Service defects: Opposing party may seek relief

Record gap: Incomplete proof undermines future claims

Incorrect signature: Court may refuse to accept filing

Two practical examples of Notices of Nonsuit in common situations

These brief scenarios illustrate how a notice may be used and documented in practice to prevent ambiguity on the docket.

Case Study 1

A plaintiff withdraws a contractor negligence claim to pursue arbitration.

The nonsuit names the specific claim withdrawn.
The notice included a certificate of service and an e-filed PDF/A copy; the clerk docketed the nonsuit the same day and opposing counsel acknowledged receipt.

Case Study 2

A plaintiff dismisses duplicate claims after discovery reveals lack of standing.

The nonsuit was without prejudice for specified claims.
Counsel attached proof of service and kept the signed audit trail; the record preserved the right to refile within the applicable statute of limitations.

eSignature solutions comparison for preparing and submitting the notice

Common feature differences and starting prices for widely used eSignature vendors; signNow is shown first for direct feature comparison.

	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

Frequently asked questions about Notices of Nonsuit

Answers to common procedural and technical questions when preparing, signing, and filing a Notice of Nonsuit.

Need help? Contact support

What effect does a nonsuit have?
A nonsuit voluntarily discontinues the named claim(s) or defendants without adjudicating the merits; whether the dismissal is with or without prejudice affects refiling rights and depends on the notice language and applicable state law.
How must I serve the notice?
Serve opposing counsel and any required parties according to local rules; acceptable methods often include electronic service where parties consent, mail, or hand delivery—always include a signed proof of service in the filing.
Can a notice be e-signed and e-filed?
Electronic signatures are legally valid under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, but courts and local rules may set specific e-filing or signature requirements; verify local court acceptance before relying solely on e-signatures.
Does filing a nonsuit toll the statute of limitations?
Tolling rules differ by jurisdiction and claim type; a nonsuit does not automatically extend statutory deadlines—consult local statute and case law to determine refiling windows.
Who is authorized to sign the notice?
An attorney of record or the plaintiff if unrepresented should sign; include bar number if applicable. Ensure signer authority is documented and consistent with court requirements.
Can a nonsuit be revoked or amended?
Revocation or amendment depends on court rules and whether the nonsuit has been entered on the docket; party may seek court leave to amend, but opposing party rights and timing considerations will influence outcome.

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