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Defenses and the statute of limitations

What is the difference between dismissal with and without prejudice?

Short answer

With prejudice, the case is over for good and can't be refiled. Without prejudice (often called a nonsuit), the plaintiff can refile later if limitations hasn't run. In settlements, ask for dismissal with prejudice.

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Updated November 2026. General information about Texas law, not legal advice for your case. Laws and court rules change; we review these answers regularly.

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