Parties to a lawsuit generally have an absolute right to nonsuit (dismiss) their own claims for relief at any time during the litigation until they have introduced all evidence other than rebuttal evidence at trial.
In Texas, parties to a lawsuit have the right to voluntarily dismiss their own claims, which is known as a nonsuit. This right is absolute and can be exercised at any point during the litigation process, as long as the party has not rested their case by introducing all of their evidence, excluding rebuttal evidence, at trial. This means that a plaintiff can file a motion for nonsuit to terminate their action without prejudice, allowing them the possibility to refile the case in the future. The Texas Rules of Civil Procedure, specifically Rule 162, governs the nonsuit process and outlines the conditions under which a nonsuit may be taken. It is important to note that a nonsuit does not affect any counterclaims that the defendant may have brought against the plaintiff, and those claims may still proceed even after the plaintiff's claims are dismissed.
