Texas Civil Practice & Remedies Code - Section 13.001. Dismissal Of Action
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Texas Laws > Civil Practice & Remedies Code > Texas Civil Practice & Remedies Code - Section 13.001. Dismissal Of Action
§ 13.001. DISMISSAL OF ACTION. (a) A court in which an
affidavit of inability to pay under Rule 145, Texas Rules of Civil
Procedure, has been filed may dismiss the action on a finding that:
(1) the allegation of poverty in the affidavit is
false; or
(2) the action is frivolous or malicious.
(b) In determining whether an action is frivolous or
malicious, the court may consider whether:
(1) the action's realistic chance of ultimate success
is slight;
(2) the claim has no arguable basis in law or in fact;
or
(3) it is clear that the party cannot prove a set of
facts in support of the claim.
(c) An action may be dismissed under Subsection (a) as
frivolous or malicious either before or after service of process.
Added by Acts 1987, 70th Leg., ch. 976, § 1, eff. June 19, 1987.
Section: 12.001 12.002 12.003 12.004 12.005 12.006 12.007 13.001 13.002 13.003 13.004 14.001 14.002 14.003 14.004
Last modified: August 11, 2007
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