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Texas Civil Practice and Remedies Code - CIV PRAC & REM § 14A.051. Dismissal of False, Frivolous, or Malicious Claim

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) A court may dismiss a claim, either before or after service of process, if the court finds that:

(1) the allegation of poverty in the affidavit or unsworn declaration is false;

(2) the claim is frivolous or malicious;  or

(3) the civilly committed individual filed an affidavit or unsworn declaration required by this chapter that the individual knew was false.

(b) In determining whether a claim is frivolous or malicious, the court may consider whether:

(1) the claim's realistic chance of ultimate success is slight;

(2) the claim has no arguable basis in law or in fact;

(3) it is clear that the civilly committed individual cannot prove the facts in support of the claim;  or

(4) the claim is substantially similar to a previous claim filed by the civilly committed individual because the claim arises from the same operative facts.

(c) In determining whether Subsection (a) applies, the court may hold a hearing.  The hearing may be held before or after service of process, and it may be held on motion of the court, a party, or the court clerk.

(d) On the filing of a motion under Subsection (c), the court shall suspend discovery relating to the claim pending the hearing.

(e) A court that dismisses a claim brought by a civilly committed individual housed in a facility operated by or under contract with the office may notify the office of the dismissal and, on the court's own motion or the motion of any party or the court clerk, may advise the office that a mental health evaluation of the individual may be appropriate.

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Cite this article: FindLaw.com - Texas Civil Practice and Remedies Code - CIV PRAC & REM § 14A.051. Dismissal of False, Frivolous, or Malicious Claim - last updated January 01, 2024 | https://codes.findlaw.com/tx/civil-practice-and-remedies-code/civ-prac-rem-sect-14a-051/

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