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Current as of January 01, 2024 | Updated by Findlaw Staff
(a) If the state proceeds with the action, the state has the primary responsibility for prosecuting the action and is not bound by an act of the person bringing the action. The person bringing the action has the right to continue as a party to the action, subject to the limitations set forth by this section.
(b) The state may dismiss the action notwithstanding the objections of the person bringing the action if:
(1) the attorney general notifies the person that the state has filed a motion to dismiss; and
(2) the court provides the person with an opportunity for a hearing on the motion.
(c) The state may settle the action with the defendant notwithstanding the objections of the person bringing the action if the court determines, after a hearing, that the proposed settlement is fair, adequate, and reasonable under all the circumstances. On a showing of good cause, the hearing may be held in camera.
(d) On a showing by the state that unrestricted participation during the course of the litigation by the person bringing the action would interfere with or unduly delay the state's prosecution of the case, or would be repetitious, irrelevant, or for purposes of harassment, the court may impose limitations on the person's participation, including:
(1) limiting the number of witnesses the person may call;
(2) limiting the length of the testimony of witnesses called by the person;
(3) limiting the person's cross-examination of witnesses; or
(4) otherwise limiting the participation by the person in the litigation.
(e) On a showing by the defendant that unrestricted participation during the course of the litigation by the person bringing the action would be for purposes of harassment or would cause the defendant undue burden or unnecessary expense, the court may limit the participation by the person in the litigation.
Cite this article: FindLaw.com - Texas Human Resources Code - HUM RES § 36.107. Rights of Parties if State Continues Action - last updated January 01, 2024 | https://codes.findlaw.com/tx/human-resources-code/hum-res-sect-36-107/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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