← More Rules
TEXAS RULES OF CIVIL PROCEDURE / RULE 96
TRCP 96: No discontinuance
Discontinuing a suit must not prejudice the right to be heard on a filed counterclaim seeking affirmative relief.
Understand this rule
Start with the explanation.
Read the plain-language overview and illustrations, then follow the related rules.
Read the explanation ↓Research the authority
Start with the official rule.
Open the primary source, check the applicable version and court requirements, then compare the explanation.
Read the official rule ↗Rule 96, illustrated
Read the assigned text for poster 1
Where the defendant has filed a counterclaim seeking affirmative relief, the plaintiff shall not be permitted by a discontinuance of his suit, to prejudice the right of the defendant to be heard on such counterclaim.