Texas Civil Practice & Remedies Code - Section 14.003. Dismissal Of Claim
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§ 14.003. DISMISSAL OF CLAIM. (a) A court may dismiss a
claim, either before or after service of process, if the court finds
that:
(1) the allegation of poverty in the affidavit or
unsworn declaration is false;
(2) the claim is frivolous or malicious; or
(3) the inmate filed an affidavit or unsworn
declaration required by this chapter that the inmate knew was
false.
(b) In determining whether a claim is frivolous or
malicious, the court may consider whether:
(1) the claim's realistic chance of ultimate success
is slight;
(2) the claim has no arguable basis in law or in fact;
(3) it is clear that the party cannot prove facts in
support of the claim; or
(4) the claim is substantially similar to a previous
claim filed by the inmate because the claim arises from the same
operative facts.
(c) In determining whether Subsection (a) applies, the
court may hold a hearing. The hearing may be held before or after
service of process, and it may be held on motion of the court, a
party, or the clerk of the court.
(d) On the filing of a motion under Subsection (c), the
court shall suspend discovery relating to the claim pending the
hearing.
(e) A court that dismisses a claim brought by a person
housed in a facility operated by or under contract with the
department may notify the department of the dismissal and, on the
court's own motion or the motion of any party or the clerk of the
court, may advise the department that a mental health evaluation of
the inmate may be appropriate.
Added by Acts 1995, 74th Leg., ch. 378, § 2, eff. June 8, 1995.
Section: 12.007 13.001 13.002 13.003 13.004 14.001 14.002 14.003 14.004 14.005 14.006 14.007 14.008 14.009 14.010
Last modified: August 10, 2007
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