Q: If I file a non suit for a family civil suit will I still have to go to a hearing to grant the non suit?
The family civil suit is an adoption/Termination of parental rights. I filled a motion to transfer to move the case from on county to another due to moving and a hearing was set in the county four hours away. I cant go to the hearing and want to just nonsuit the case and restart everything in the new county.
A: Yes, you can. And it actually makes sense if you haven't gotten very far in the process yet in the original county. If the case is transferred, you will likely have to pay a new filing fee for the new county anyway. You will, however, have to pay again to issue citation and serve the parent(s) whose rights you are seeking to terminate.
A: You do not attend a hearing for a non suit. If the other party filed a countersuit your nonsuit does not dismiss their case.
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