Rule 163.Dismissal as to Parties Served, Etc.

Last verified June 28, 2026

In one sentenceRule 163 lets a plaintiff dismiss as to one or more served or answering parties when it will not prejudice another party, but never as to a principal obligor except as a statute allows.

Full Text of Rule 163

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When it will not prejudice another party, the plaintiff may dismiss his suit as to one or more of several parties who were served with process, or who have answered, but no such dismissal shall in any case, be allowed as to a principal obligor, except in the cases provided for by statute.

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Plain-English Summary

Rule 163 lets a plaintiff drop some parties from a suit. When it will not prejudice another party, the plaintiff may dismiss as to one or more of several parties who were served or who have answered. As in Rule 161, a principal obligor may not be dismissed this way, except in the cases a statute provides.

Frequently Asked Questions

Can a plaintiff drop one defendant from a Texas suit?

Yes, under Rule 163, if it will not prejudice another party — except a principal obligor may not be dropped, save as a statute allows.

What stops a plaintiff from dismissing a served party under Rule 163?

Rule 163 blocks the dismissal when it would prejudice another party. Short of that, and apart from a principal obligor, the plaintiff may drop the party.

How does Rule 163 differ from Rule 161?

Rule 161 lets a plaintiff dismiss defendants who were never served. Rule 163 covers dismissing parties who were served or who already answered.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 163), 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 as to parties serveddrop a partyprincipal obligorTRCP 163