CHAPTER 9. FRIVOLOUS PLEADINGS AND CLAIMS

State Codes and Statutes

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CIVIL PRACTICE AND REMEDIES CODE

TITLE 2. TRIAL, JUDGMENT, AND APPEAL

SUBTITLE A. GENERAL PROVISIONS

CHAPTER 9. FRIVOLOUS PLEADINGS AND CLAIMS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 9.001. DEFINITIONS. In this chapter:

(1) "Claimant" means a party, including a plaintiff,

counterclaimant, cross-claimant, third-party plaintiff, or

intervenor, seeking recovery of damages. In an action in which a

party seeks recovery of damages for injury to another person,

damage to the property of another person, death of another

person, or other harm to another person, "claimant" includes both

that other person and the party seeking recovery of damages.

(2) "Defendant" means a party, including a counterdefendant,

cross-defendant, or third-party defendant, from whom a claimant

seeks relief.

(3) "Groundless" means:

(A) no basis in fact; or

(B) not warranted by existing law or a good faith argument for

the extension, modification, or reversal of existing law.

(4) "Pleading" includes a motion.

Added by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 2.01, eff.

Sept. 2, 1987.

Sec. 9.002. APPLICABILITY. (a) This chapter applies to an

action in which a claimant seeks:

(1) damages for personal injury, property damage, or death,

regardless of the legal theories or statutes on the basis of

which recovery is sought, including an action based on

intentional conduct, negligence, strict tort liability, products

liability (whether strict or otherwise), or breach of warranty;

(2) damages other than for personal injury, property damage, or

death resulting from any tortious conduct, regardless of the

legal theories or statutes on the basis of which recovery is

sought, including libel, slander, or tortious interference with a

contract or other business relation.

(b) This chapter applies to any party who is a claimant or

defendant, including but not limited to:

(1) a county;

(2) a municipality;

(3) a public school district;

(4) a public junior college district;

(5) a charitable organization;

(6) a nonprofit organization;

(7) a hospital district;

(8) a hospital authority;

(9) any other political subdivision of the state; and

(10) the State of Texas.

of this chapter prevail over all other law to the extent of any

conflict.

Added by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 2.01, eff.

Sept. 2, 1987.

Sec. 9.003. TEXAS RULES OF CIVIL PROCEDURE. This chapter does

not alter the Texas Rules of Civil Procedure or the Texas Rules

of Appellate Procedure.

Added by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 2.01, eff.

Sept. 2, 1987.

Sec. 9.004. APPLICABILITY. This chapter does not apply to the

Deceptive Trade Practices-Consumer Protection Act (Subchapter E,

Chapter 17, Business & Commerce Code) or to Chapter 21,

Insurance Code.

Added by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 2.01, eff.

Sept. 2, 1987.

SUBCHAPTER B. SIGNING OF PLEADINGS

Sec. 9.011. SIGNING OF PLEADINGS. The signing of a pleading 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, the pleading is not:

(1) groundless and brought in bad faith;

(2) groundless and brought for the purpose of harassment; or

(3) groundless and interposed for any improper purpose, such as

to cause unnecessary delay or needless increase in the cost of

litigation.

Added by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 2.01, eff.

Sept. 2, 1987.

Sec. 9.012. VIOLATION; SANCTION. (a) At the trial of the

action or at any hearing inquiring into the facts and law of the

action, after reasonable notice to the parties, the court may on

its own motion, or shall on the motion of any party to the

action, determine if a pleading has been signed in violation of

any one of the standards prescribed by Section 9.011.

(b) In making its determination of whether a pleading has been

signed in violation of any one of the standards prescribed by

Section 9.011, the court shall take into account:

(1) the multiplicity of parties;

(2) the complexity of the claims and defenses;

(3) the length of time available to the party to investigate and

conduct discovery; and

(4) affidavits, depositions, and any other relevant matter.

violation of any one of the standards prescribed by Section

9.011, the court shall, not earlier than 90 days after the date

of the determination, at the trial or hearing or at a separate

hearing following reasonable notice to the offending party,

impose an appropriate sanction on the signatory, a represented

party, or both.

(d) The court may not order an offending party to pay the

incurred expenses of a party who stands in opposition to the

offending pleading if, before the 90th day after the court makes

a determination under Subsection (a), the offending party

withdraws the pleading or amends the pleading to the satisfaction

of the court or moves for dismissal of the pleading or the

offending portion of the pleading.

(e) The sanction may include one or more of the following:

(1) the striking of a pleading or the offending portion thereof;

(2) the dismissal of a party; or

(3) an order to pay to a party who stands in opposition to the

offending pleading the amount of the reasonable expenses incurred

because of the filing of the pleading, including costs,

reasonable attorney's fees, witness fees, fees of experts, and

deposition expenses.

(f) The court may not order an offending party to pay the

incurred expenses of a party who stands in opposition to the

offending pleading if the court has, with respect to the same

subject matter, imposed sanctions on the party who stands in

opposition to the offending pleading under the Texas Rules of

Civil Procedure.

(g) All determinations and orders pursuant to this chapter are

solely for purposes of this chapter and shall not be the basis of

any liability, sanction, or grievance other than as expressly

provided in this chapter.

(h) This section does not apply to any proceeding to which

Section 10.004 or Rule 13, Texas Rules of Civil Procedure,

applies.

Added by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 2.01, eff.

Sept. 2, 1987. Amended by Acts 1999, 76th Leg., ch. 1111, Sec. 1,

eff. Sept. 1, 1999.

Sec. 9.013. REPORT TO GRIEVANCE COMMITTEE. (a) If the court

imposes a sanction against an offending party under Section

9.012, the offending party is represented by an attorney who

signed the pleading in violation of any one of the standards

under Section 9.011, and the court finds that the attorney has

consistently engaged in activity that results in sanctions under

Section 9.012, the court shall report its finding to an

appropriate grievance committee as provided by the State Bar Act

(Article 320a-1, Vernon's Texas Civil Statutes) or by a similar

law in the jurisdiction in which the attorney resides.

(b) The report must contain:

(1) the name of the attorney who represented the offending

party;

(2) the finding by the court that the pleading was signed in

violation of any one of the standards under Section 9.011;

(3) a description of the sanctions imposed against the signatory

and the offending party; and

(4) the finding that the attorney has consistently engaged in

activity that results in sanctions under Section 9.012.

Added by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 2.01, eff.

Sept. 2, 1987.

Sec. 9.014. PLEADINGS NOT FRIVOLOUS. (a) A general denial does

not constitute a violation of any of the standards prescribed by

Section 9.011.

(b) The amount requested for damages in a pleading does not

constitute a violation of any of the standards prescribed by

Section 9.011.

Added by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 2.01, eff.

Sept. 2, 1987.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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