State Codes and Statutes

Statutes > Texas > Civil-practice-and-remedies-code > Title-2-trial-judgment-and-appeal > Chapter-10-sanctions-for-frivolous-pleadings-and-motions

CIVIL PRACTICE AND REMEDIES CODE

TITLE 2. TRIAL, JUDGMENT, AND APPEAL

SUBTITLE A. GENERAL PROVISIONS

CHAPTER 10. SANCTIONS FOR FRIVOLOUS PLEADINGS AND MOTIONS

Sec. 10.001. SIGNING OF PLEADINGS AND MOTIONS. The signing of a

pleading or motion as required by the Texas Rules of Civil

Procedure constitutes a certificate by the signatory that to the

signatory's best knowledge, information, and belief, formed after

reasonable inquiry:

(1) the pleading or motion is not being presented for any

improper purpose, including to harass or to cause unnecessary

delay or needless increase in the cost of litigation;

(2) each claim, defense, or other legal contention in the

pleading or motion is warranted by existing law or by a

nonfrivolous argument for the extension, modification, or

reversal of existing law or the establishment of new law;

(3) each allegation or other factual contention in the pleading

or motion has evidentiary support or, for a specifically

identified allegation or factual contention, is likely to have

evidentiary support after a reasonable opportunity for further

investigation or discovery; and

(4) each denial in the pleading or motion of a factual

contention is warranted on the evidence or, for a specifically

identified denial, is reasonably based on a lack of information

or belief.

Added by Acts 1995, 74th Leg., ch. 137, Sec. 1, eff. Sept. 1,

1995.

Sec. 10.002. MOTION FOR SANCTIONS. (a) A party may make a

motion for sanctions, describing the specific conduct violating

Section 10.001.

(b) The court on its own initiative may enter an order

describing the specific conduct that appears to violate Section

10.001 and direct the alleged violator to show cause why the

conduct has not violated that section.

(c) The court may award to a party prevailing on a motion under

this section the reasonable expenses and attorney's fees incurred

in presenting or opposing the motion, and if no due diligence is

shown the court may award to the prevailing party all costs for

inconvenience, harassment, and out-of-pocket expenses incurred or

caused by the subject litigation.

Added by Acts 1995, 74th Leg., ch. 137, Sec. 1, eff. Sept. 1,

1995.

Sec. 10.003. NOTICE AND OPPORTUNITY TO RESPOND. The court shall

provide a party who is the subject of a motion for sanctions

under Section 10.002 notice of the allegations and a reasonable

opportunity to respond to the allegations.

Added by Acts 1995, 74th Leg., ch. 137, Sec. 1, eff. Sept. 1,

1995.

Sec. 10.004. VIOLATION; SANCTION. (a) A court that determines

that a person has signed a pleading or motion in violation of

Section 10.001 may impose a sanction on the person, a party

represented by the person, or both.

(b) The sanction must be limited to what is sufficient to deter

repetition of the conduct or comparable conduct by others

similarly situated.

(c) A sanction may include any of the following:

(1) a directive to the violator to perform, or refrain from

performing, an act;

(2) an order to pay a penalty into court; and

(3) an order to pay to the other party the amount of the

reasonable expenses incurred by the other party because of the

filing of the pleading or motion, including reasonable attorney's

fees.

(d) The court may not award monetary sanctions against a

represented party for a violation of Section 10.001(2).

(e) The court may not award monetary sanctions on its own

initiative unless the court issues its order to show cause before

a voluntary dismissal or settlement of the claims made by or

against the party or the party's attorney who is to be

sanctioned.

(f) The filing of a general denial under Rule 92, Texas Rules of

Civil Procedure, shall not be deemed a violation of this chapter.

Added by Acts 1995, 74th Leg., ch. 137, Sec. 1, eff. Sept. 1,

1995.

Sec. 10.005. ORDER. A court shall describe in an order imposing

a sanction under this chapter the conduct the court has

determined violated Section 10.001 and explain the basis for the

sanction imposed.

Added by Acts 1995, 74th Leg., ch. 137, Sec. 1, eff. Sept. 1,

1995.

Sec. 10.006. CONFLICT. Notwithstanding Section 22.004,

Government Code, the supreme court may not amend or adopt rules

in conflict with this chapter.

Added by Acts 1995, 74th Leg., ch. 137, Sec. 1, eff. Sept. 1,

1995.

State Codes and Statutes

Statutes > Texas > Civil-practice-and-remedies-code > Title-2-trial-judgment-and-appeal > Chapter-10-sanctions-for-frivolous-pleadings-and-motions

CIVIL PRACTICE AND REMEDIES CODE

TITLE 2. TRIAL, JUDGMENT, AND APPEAL

SUBTITLE A. GENERAL PROVISIONS

CHAPTER 10. SANCTIONS FOR FRIVOLOUS PLEADINGS AND MOTIONS

Sec. 10.001. SIGNING OF PLEADINGS AND MOTIONS. The signing of a

pleading or motion as required by the Texas Rules of Civil

Procedure constitutes a certificate by the signatory that to the

signatory's best knowledge, information, and belief, formed after

reasonable inquiry:

(1) the pleading or motion is not being presented for any

improper purpose, including to harass or to cause unnecessary

delay or needless increase in the cost of litigation;

(2) each claim, defense, or other legal contention in the

pleading or motion is warranted by existing law or by a

nonfrivolous argument for the extension, modification, or

reversal of existing law or the establishment of new law;

(3) each allegation or other factual contention in the pleading

or motion has evidentiary support or, for a specifically

identified allegation or factual contention, is likely to have

evidentiary support after a reasonable opportunity for further

investigation or discovery; and

(4) each denial in the pleading or motion of a factual

contention is warranted on the evidence or, for a specifically

identified denial, is reasonably based on a lack of information

or belief.

Added by Acts 1995, 74th Leg., ch. 137, Sec. 1, eff. Sept. 1,

1995.

Sec. 10.002. MOTION FOR SANCTIONS. (a) A party may make a

motion for sanctions, describing the specific conduct violating

Section 10.001.

(b) The court on its own initiative may enter an order

describing the specific conduct that appears to violate Section

10.001 and direct the alleged violator to show cause why the

conduct has not violated that section.

(c) The court may award to a party prevailing on a motion under

this section the reasonable expenses and attorney's fees incurred

in presenting or opposing the motion, and if no due diligence is

shown the court may award to the prevailing party all costs for

inconvenience, harassment, and out-of-pocket expenses incurred or

caused by the subject litigation.

Added by Acts 1995, 74th Leg., ch. 137, Sec. 1, eff. Sept. 1,

1995.

Sec. 10.003. NOTICE AND OPPORTUNITY TO RESPOND. The court shall

provide a party who is the subject of a motion for sanctions

under Section 10.002 notice of the allegations and a reasonable

opportunity to respond to the allegations.

Added by Acts 1995, 74th Leg., ch. 137, Sec. 1, eff. Sept. 1,

1995.

Sec. 10.004. VIOLATION; SANCTION. (a) A court that determines

that a person has signed a pleading or motion in violation of

Section 10.001 may impose a sanction on the person, a party

represented by the person, or both.

(b) The sanction must be limited to what is sufficient to deter

repetition of the conduct or comparable conduct by others

similarly situated.

(c) A sanction may include any of the following:

(1) a directive to the violator to perform, or refrain from

performing, an act;

(2) an order to pay a penalty into court; and

(3) an order to pay to the other party the amount of the

reasonable expenses incurred by the other party because of the

filing of the pleading or motion, including reasonable attorney's

fees.

(d) The court may not award monetary sanctions against a

represented party for a violation of Section 10.001(2).

(e) The court may not award monetary sanctions on its own

initiative unless the court issues its order to show cause before

a voluntary dismissal or settlement of the claims made by or

against the party or the party's attorney who is to be

sanctioned.

(f) The filing of a general denial under Rule 92, Texas Rules of

Civil Procedure, shall not be deemed a violation of this chapter.

Added by Acts 1995, 74th Leg., ch. 137, Sec. 1, eff. Sept. 1,

1995.

Sec. 10.005. ORDER. A court shall describe in an order imposing

a sanction under this chapter the conduct the court has

determined violated Section 10.001 and explain the basis for the

sanction imposed.

Added by Acts 1995, 74th Leg., ch. 137, Sec. 1, eff. Sept. 1,

1995.

Sec. 10.006. CONFLICT. Notwithstanding Section 22.004,

Government Code, the supreme court may not amend or adopt rules

in conflict with this chapter.

Added by Acts 1995, 74th Leg., ch. 137, Sec. 1, eff. Sept. 1,

1995.


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State Codes and Statutes

Statutes > Texas > Civil-practice-and-remedies-code > Title-2-trial-judgment-and-appeal > Chapter-10-sanctions-for-frivolous-pleadings-and-motions

CIVIL PRACTICE AND REMEDIES CODE

TITLE 2. TRIAL, JUDGMENT, AND APPEAL

SUBTITLE A. GENERAL PROVISIONS

CHAPTER 10. SANCTIONS FOR FRIVOLOUS PLEADINGS AND MOTIONS

Sec. 10.001. SIGNING OF PLEADINGS AND MOTIONS. The signing of a

pleading or motion as required by the Texas Rules of Civil

Procedure constitutes a certificate by the signatory that to the

signatory's best knowledge, information, and belief, formed after

reasonable inquiry:

(1) the pleading or motion is not being presented for any

improper purpose, including to harass or to cause unnecessary

delay or needless increase in the cost of litigation;

(2) each claim, defense, or other legal contention in the

pleading or motion is warranted by existing law or by a

nonfrivolous argument for the extension, modification, or

reversal of existing law or the establishment of new law;

(3) each allegation or other factual contention in the pleading

or motion has evidentiary support or, for a specifically

identified allegation or factual contention, is likely to have

evidentiary support after a reasonable opportunity for further

investigation or discovery; and

(4) each denial in the pleading or motion of a factual

contention is warranted on the evidence or, for a specifically

identified denial, is reasonably based on a lack of information

or belief.

Added by Acts 1995, 74th Leg., ch. 137, Sec. 1, eff. Sept. 1,

1995.

Sec. 10.002. MOTION FOR SANCTIONS. (a) A party may make a

motion for sanctions, describing the specific conduct violating

Section 10.001.

(b) The court on its own initiative may enter an order

describing the specific conduct that appears to violate Section

10.001 and direct the alleged violator to show cause why the

conduct has not violated that section.

(c) The court may award to a party prevailing on a motion under

this section the reasonable expenses and attorney's fees incurred

in presenting or opposing the motion, and if no due diligence is

shown the court may award to the prevailing party all costs for

inconvenience, harassment, and out-of-pocket expenses incurred or

caused by the subject litigation.

Added by Acts 1995, 74th Leg., ch. 137, Sec. 1, eff. Sept. 1,

1995.

Sec. 10.003. NOTICE AND OPPORTUNITY TO RESPOND. The court shall

provide a party who is the subject of a motion for sanctions

under Section 10.002 notice of the allegations and a reasonable

opportunity to respond to the allegations.

Added by Acts 1995, 74th Leg., ch. 137, Sec. 1, eff. Sept. 1,

1995.

Sec. 10.004. VIOLATION; SANCTION. (a) A court that determines

that a person has signed a pleading or motion in violation of

Section 10.001 may impose a sanction on the person, a party

represented by the person, or both.

(b) The sanction must be limited to what is sufficient to deter

repetition of the conduct or comparable conduct by others

similarly situated.

(c) A sanction may include any of the following:

(1) a directive to the violator to perform, or refrain from

performing, an act;

(2) an order to pay a penalty into court; and

(3) an order to pay to the other party the amount of the

reasonable expenses incurred by the other party because of the

filing of the pleading or motion, including reasonable attorney's

fees.

(d) The court may not award monetary sanctions against a

represented party for a violation of Section 10.001(2).

(e) The court may not award monetary sanctions on its own

initiative unless the court issues its order to show cause before

a voluntary dismissal or settlement of the claims made by or

against the party or the party's attorney who is to be

sanctioned.

(f) The filing of a general denial under Rule 92, Texas Rules of

Civil Procedure, shall not be deemed a violation of this chapter.

Added by Acts 1995, 74th Leg., ch. 137, Sec. 1, eff. Sept. 1,

1995.

Sec. 10.005. ORDER. A court shall describe in an order imposing

a sanction under this chapter the conduct the court has

determined violated Section 10.001 and explain the basis for the

sanction imposed.

Added by Acts 1995, 74th Leg., ch. 137, Sec. 1, eff. Sept. 1,

1995.

Sec. 10.006. CONFLICT. Notwithstanding Section 22.004,

Government Code, the supreme court may not amend or adopt rules

in conflict with this chapter.

Added by Acts 1995, 74th Leg., ch. 137, Sec. 1, eff. Sept. 1,

1995.


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