Last amended January 1, 1988 · Last verified June 28, 2026
In one sentenceRule 162 lets a plaintiff take a non-suit any time before introducing all of its evidence other than rebuttal, but it cannot defeat a pending claim for affirmative relief or wipe out pending sanctions or attorney-fee motions, and it carries the costs.
Full Text of Rule 162
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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. Notice of the dismissal or non-suit shall be served in accordance with Rule 21a on any party who has answered or has been served with process without necessity of court order. Any dismissal pursuant to this rule shall not prejudice the right of an adverse party to be heard on a pending claim for affirmative relief or excuse the payment of all costs taxed by the clerk. A dismissal under this rule shall have no effect on any motion for sanctions, attorney's fees or other costs, pending at the time of dismissal, as determined by the court. Any dismissal pursuant to this rule which terminates the case shall authorize the clerk to tax court costs against dismissing party unless otherwise ordered by the court.
End
Notes and Comments
Comment to 1988 change: The purpose of this rule is to fix a definite time after which a party may not voluntarily dismiss or non-suit the cause of action. In addition, these amendments will not disturb any pending motions for sanctions or attorney’s fees that were filed before the motion for non-suit or dismissal.
Plain-English Summary
Rule 162 is the plaintiff's right to walk away — the non-suit. At any time before the plaintiff has introduced all of its evidence other than rebuttal, the plaintiff may dismiss the case or take a non-suit, entered in the minutes. Notice must be served under Rule 21a on any party who has answered or been served, without a court order.
The right has limits. A non-suit does not prejudice an adverse party's pending claim for affirmative relief, excuse the costs taxed by the clerk, or affect a motion for sanctions, attorney's fees, or other costs pending at the time, as the court determines. A non-suit that ends the case lets the clerk tax court costs against the dismissing party unless the court orders otherwise.
Frequently Asked Questions
When can a plaintiff take a non-suit in Texas?
Under Rule 162, any time before the plaintiff has introduced all of its evidence other than rebuttal.
Does a non-suit defeat the defendant's counterclaim in Texas?
No. Under Rule 162, a non-suit does not prejudice an adverse party's pending claim for affirmative relief, and it does not wipe out pending sanctions or attorney-fee motions.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 162), published by the Texas Judicial Branch (txcourts.gov).
Promulgated by the Supreme Court of Texas. The plain-English summary is original and draws on official sources. Last verified June 28, 2026. ·
Official source
Also known as:dismissal or non-suitnonsuitvoluntary dismissalaffirmative reliefTRCP 162