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Texas Civil Practice and Remedies Code - CIV PRAC & REM § 14A.052. Affidavit Relating to Previous Filings

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

(a) A civilly committed individual who files an affidavit or unsworn declaration of inability to pay costs shall file a separate affidavit or declaration:

(1) identifying the court that ordered the individual's civil commitment under Chapter 841, Health and Safety Code;

(2) indicating whether any cause of action or allegation contained in the petition has previously been filed in any other court, and if so, stating the cause of action or allegation previously filed and complying with Subdivision (6) and Subsection (b);

(3) identifying each action, other than an action under the Family Code, previously brought by the individual in which the individual was not represented by an attorney, without regard to whether the individual was civilly committed at the time the action was brought;

(4) certifying that all grievance processes applicable to the matter that is the basis of the claim, if any, have been exhausted;

(5) certifying that no court has found the individual to be a vexatious litigant under Chapter 11;  and

(6) describing each action that was previously brought by:

(A) stating the operative facts for which relief was sought;

(B) listing the case name, the cause number, and the court in which the action was brought;

(C) identifying each party named in the action;  and

(D) stating the result of the action, including whether the action or a claim that was a basis for the action was dismissed as frivolous or malicious under Section 13.001, 14.003, or 14A.051 or otherwise.

(b) If the affidavit or unsworn declaration filed under this section states that a previous action or claim was dismissed as frivolous or malicious, the affidavit or unsworn declaration must state the date of the final order affirming the dismissal.

(c) The affidavit or unsworn declaration must be accompanied by the certified copy of the trust account statement required by Section 14A.054(f).

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Cite this article: FindLaw.com - Texas Civil Practice and Remedies Code - CIV PRAC & REM § 14A.052. Affidavit Relating to Previous Filings - last updated January 01, 2024 | https://codes.findlaw.com/tx/civil-practice-and-remedies-code/civ-prac-rem-sect-14a-052/

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