Texas Civil Practice & Remedies Code - Section 11.103. Duties Of Clerk; Mistaken Filing
Legal Research Home >
Texas Lawyer > Civil Practice & Remedies Code > Texas Civil Practice & Remedies Code - Section 11.103. Duties Of Clerk; Mistaken Filing
§ 11.103. DUTIES OF CLERK; MISTAKEN FILING. (a) A clerk
of a court may not file a litigation presented by a vexatious
litigant subject to a prefiling order under Section 11.101 unless
the litigant obtains an order from the local administrative judge
permitting the filing.
(b) If the clerk mistakenly files a litigation without an
order from the local administrative judge, any party may file with
the clerk and serve on the plaintiff and the other parties to the
suit a notice stating that the plaintiff is a vexatious litigant
subject to a prefiling order under Section 11.101. On the filing of
the notice, the court shall immediately stay the litigation and
shall dismiss the litigation unless the plaintiff, not later than
the 10th day after the date the notice is filed, obtains an order
from the local administrative judge under Section 11.102 permitting
the filing of the litigation.
(c) If the local administrative judge issues an order
permitting the filing of the litigation under Subsection (b), the
litigation remains stayed and the defendant need not plead until
the 10th day after the date the defendant is served with a copy of
the order.
Added by Acts 1997, 75th Leg., ch. 806, § 1, eff. Sept. 1, 1997.
Section: 11.053 11.054 11.055 11.056 11.057 11.101 11.102 11.103 11.104 12.001 12.002 12.003 12.004 12.005 12.006
Last modified: August 10, 2007
|
