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- Texas Civil Practice & Remedies Code Section 1.001 - Purpose Of Code
(a) This code is enacted as a part of the state's continuing statutory revision program, begun by the Texas Legislative Council in 1963 as directed ...
- Texas Civil Practice & Remedies Code Section 1.002 - Construction Of Code
The Code Construction Act (Chapter 311, Government Code) applies to the construction of each provision in this code, except as otherwise expressly provided by this ...
- Texas Civil Practice & Remedies Code Section 1.003 - Internal References
In this code: (1) a reference to a title, chapter, or section without further identification is a reference to a title, chapter, or section of ...
- Texas Civil Practice & Remedies Code Section 5.001 - Rule Of Decision
The rule of decision in this state consists of those portions of the common law of England that are not inconsistent with the constitution or ...
- Texas Civil Practice & Remedies Code Section 6.001 - State And Federal Agencies Exempt From Bond For Court Costs Or Appeal
(a) A governmental entity or officer listed in Subsection (b) may not be required to file a bond for court costs incident to a suit ...
- Texas Civil Practice & Remedies Code Section 6.002 - Cities Exempt From Security For Court Costs
(a) Security for costs may not be required of an incorporated city or town of this state in an action, suit, or proceeding. (b) A ...
- Texas Civil Practice & Remedies Code Section 6.003 - Water Districts Exempt From Appeal Bond
(a) A governmental entity listed in Subsection (b) may not be required to give bond on an appeal or writ of error taken in a ...
- Texas Civil Practice & Remedies Code Section 7.001 - Liability For Refusal Or Neglect In Performance Of Official Duties
(a) A clerk, sheriff, or other officer who neglects or refuses to perform a duty required under Title 42, Revised Statutes, or under a provision ...
- Texas Civil Practice & Remedies Code Section 7.002 - Liability For Deposits Pending Suit
(a) An officer who has custody of a sum of money, a debt, an instrument, or other property paid to or deposited with a court ...
- Texas Civil Practice & Remedies Code Section 7.003 - Liability Regarding Execution Of Writs
(a) Except as provided by Section 34.061, an officer is not liable for damages resulting from the execution of a writ issued by a court ...
- Texas Civil Practice & Remedies Code Section 7.011 - Attorney's Liability For Costs
An attorney who is not a party to a civil proceeding is not liable for payment of costs incurred by a party to the proceeding. ...
- Texas Civil Practice & Remedies Code Section 7.021 - Suit On Official Bonds
Suit may be brought in the name of this state alone on an official bond for the benefit of all the parties entitled to recover ...
- Texas Civil Practice & Remedies Code Section 8.01 - State Exemption
The state is exempt from the payment of the filing fee imposed by Section 51.701, Government Code. Added by Acts 1989, 71st Leg., ch. 2, ...
- Texas Civil Practice & Remedies Code Section 8.02 - Fee Paid By Opposing Party
If the state prevails in a lawsuit, the opposing party shall pay the entire amount of any filing fee attributable to the state, including any ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 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., ...
- Texas Civil Practice & Remedies Code Section 11.001 - Definitions
In this chapter: (1) "Defendant" means a person or governmental entity against whom a plaintiff commences or maintains or seeks to commence or maintain a ...
- Texas Civil Practice & Remedies Code Section 11.051 - Motion For Order Determining Plaintiff A Vexatious Litigant And Requesting Security
In a litigation in this state, the defendant may, on or before the 90th day after the date the defendant files the original answer or ...
- Texas Civil Practice & Remedies Code Section 11.052 - Stay Of Proceedings On Filing Of Motion
(a) On the filing of a motion under Section 11.051, the litigation is stayed and the moving defendant is not required to plead: (1) if ...
- Texas Civil Practice & Remedies Code Section 11.053 - Hearing
(a) On receipt of a motion under Section 11.051, the court shall, after notice to all parties, conduct a hearing to determine whether to grant ...
- Texas Civil Practice & Remedies Code Section 11.054 - Criteria For Finding Plaintiff A Vexatious Litigant
A court may find a plaintiff a vexatious litigant if the defendant shows that there is not a reasonable probability that the plaintiff will prevail ...
- Texas Civil Practice & Remedies Code Section 11.055 - Security
(a) A court shall order the plaintiff to furnish security for the benefit of the moving defendant if the court, after hearing the evidence on ...
- Texas Civil Practice & Remedies Code Section 11.056 - Dismissal For Failure To Furnish Security
The court shall dismiss a litigation as to a moving defendant if a plaintiff ordered to furnish security does not furnish the security within the ...
- Texas Civil Practice & Remedies Code Section 11.057 - Dismissal On The Merits
If the litigation is dismissed on its merits, the moving defendant has recourse to the security furnished by the plaintiff in an amount determined by ...
- Texas Civil Practice & Remedies Code Section 11.101 - Prefiling Order; Contempt
(a) A court may, on its own motion or the motion of any party, enter an order prohibiting a person from filing, in propria persona, ...
- Texas Civil Practice & Remedies Code Section 11.102 - Permission By Local Administrative Judge
(a) A local administrative judge may grant permission to a person found to be a vexatious litigant under Section 11.101 to file a litigation only ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 11.104 - Notice To Office Of Court Administration; Dissemination Of List
(a) A clerk of a court shall provide the Office of Court Administration of the Texas Judicial System a copy of any prefiling order issued ...
- Texas Civil Practice & Remedies Code Section 12.001 - Definitions
In this chapter: (1) "Court record" has the meaning assigned by Section 37.01, Penal Code. (2) "Exemplary damages" has the meaning assigned by Section 41.001. ...
- Texas Civil Practice & Remedies Code Section 12.002 - Liability
(a) A person may not make, present, or use a document or other record with: (1) knowledge that the document or other record is a ...
- Texas Civil Practice & Remedies Code Section 12.003 - Cause Of Action
(a) The following persons may bring an action to enjoin violation of this chapter or to recover damages under this chapter: (1) the attorney general; ...
- Texas Civil Practice & Remedies Code Section 12.004 - Venue
An action under this chapter may be brought in any district court in the county in which the recorded document is recorded or in which ...
- Texas Civil Practice & Remedies Code Section 12.005 - Filing Fees
(a) The fee for filing an action under this chapter is $15. The plaintiff must pay the fee to the clerk of the court in ...
- Texas Civil Practice & Remedies Code Section 12.006 - Plaintiff's Costs
(a) The court shall award the plaintiff the costs of bringing the action if: (1) the plaintiff prevails; and (2) the court finds that the ...
- Texas Civil Practice & Remedies Code Section 12.007 - Effect On Other Law
This law is cumulative of other law under which a person may obtain judicial relief with respect to a recorded document or other record. Added ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 13.002 - Judgment
Judgment may be rendered for costs at the conclusion of the action as in other cases, but the state is not liable for any of ...
- Texas Civil Practice & Remedies Code Section 13.003 - Free Transcript Of Statement Of Facts On Appeal
(a) Subject to Subsection (c), a court reporter shall provide without cost a statement of facts and a clerk of a court shall prepare a ...
- Texas Civil Practice & Remedies Code Section 13.004 - Inapplicability To Certain Claims
This chapter does not apply to a claim governed by Chapter 14. Added by Acts 1995, 74th Leg., ch. 378, § 3, eff. June 8, ...
- Texas Civil Practice & Remedies Code Section 14.001 - Definitions
In this chapter: (1) "Claim" means a cause of action governed by this chapter. (2) "Department" means the Texas Department of Criminal Justice. (3) "Inmate" ...
- Texas Civil Practice & Remedies Code Section 14.002 - Scope Of Chapter
(a) This chapter applies only to a suit brought by an inmate in a district, county, justice of the peace, or small claims court in ...
- Texas Civil Practice & Remedies Code Section 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 ...
- Texas Civil Practice & Remedies Code Section 14.004 - Affidavit Relating To Previous Filings
(a) An inmate who files an affidavit or unsworn declaration of inability to pay costs shall file a separate affidavit or declaration: (1) identifying each ...
- Texas Civil Practice & Remedies Code Section 14.005 - Grievance System Decision; Exhaustion Of Administrative Remedies
(a) An inmate who files a claim that is subject to the grievance system established under Section 501.008, Government Code, shall file with the court: ...
- Texas Civil Practice & Remedies Code Section 14.006 - Court Fees, Court Costs, Other Costs
(a) A court may order an inmate who has filed a claim to pay court fees, court costs, and other costs in accordance with this ...
- Texas Civil Practice & Remedies Code Section 14.007 - Other Costs
(a) An order of a court under Section 14.006(a) shall include the costs described by Subsection (b) if the court finds that: (1) the inmate ...
- Texas Civil Practice & Remedies Code Section 14.008 - Hearing
(a) The court may hold a hearing under this chapter at a jail or a facility operated by or under contract with the department or ...
- Texas Civil Practice & Remedies Code Section 14.009 - Submission Of Evidence
(a) The court may request a person with an admissible document or admissible testimony relevant to the subject matter of the hearing to submit a ...
- Texas Civil Practice & Remedies Code Section 14.010 - Dismissal Of Claim
(a) The court may enter an order dismissing the entire claim or a portion of the claim under this chapter. (b) If a portion of ...
- Texas Civil Practice & Remedies Code Section 14.011 - Effect On Other Claims
(a) Except as provided by Subsection (b), on receipt of an order assessing fees and costs under Section 14.006 that indicates that the court made ...
- Texas Civil Practice & Remedies Code Section 14.012 - Questionnaire
To implement this chapter, a court may develop, for use in that court, a questionnaire to be filed by the inmate. Added by Acts 1995, ...
- Texas Civil Practice & Remedies Code Section 14.013 - Review And Recommendation By Magistrates
(a) The supreme court shall, by rule, adopt a system under which a court may refer a suit governed by this chapter to a magistrate ...
- Texas Civil Practice & Remedies Code Section 14.014 - Conflict With Texas Rules Of Civil Procedure
Notwithstanding Section 22.004, Government Code, this chapter may not be modified or repealed by a rule adopted by the supreme court. Added by Acts 1995, ...
- Texas Civil Practice & Remedies Code Section 15.001 - Definitions
In this chapter: (a) "Principal office" means a principal office of the corporation, unincorporated association, or partnership in this state in which the decision makers ...
- Texas Civil Practice & Remedies Code Section 15.002 - Venue: General Rule
(a) Except as otherwise provided by this subchapter or Subchapter B or C, all lawsuits shall be brought: (1) in the county in which all ...
- Texas Civil Practice & Remedies Code Section 15.003 - Multiple Plaintiffs And Intervening Plaintiffs
(a) In a suit in which there is more than one plaintiff, whether the plaintiffs are included by joinder, by intervention, because the lawsuit was ...
- Texas Civil Practice & Remedies Code Section 15.004 - Mandatory Venue Provisions Governs Multiple Claims
In a suit in which a plaintiff properly joins two or more claims or causes of action arising from the same transaction, occurrence, or series ...
- Texas Civil Practice & Remedies Code Section 15.005 - Multiple Defendants
In a suit in which the plaintiff has established proper venue against a defendant, the court also has venue of all the defendants in all ...
- Texas Civil Practice & Remedies Code Section 15.006 - Venue Determined By Facts Existing At The Time Of Accrual
A court shall determine the venue of a suit based on the facts existing at the time the cause of action that is the basis ...
- Texas Civil Practice & Remedies Code Section 15.007 - Conflict With Certain Provisions
Notwithstanding Sections 15.004, 15.005, and 15.031, to the extent that venue under this chapter for a suit by or against an executor, administrator, or guardian ...
- Texas Civil Practice & Remedies Code Section 15.011 - Land
Actions for recovery of real property or an estate or interest in real property, for partition of real property, to remove encumbrances from the title ...
- Texas Civil Practice & Remedies Code Section 15.0115 - Landlord-Tenant
(a) Except as provided by another statute prescribing mandatory venue, a suit between a landlord and a tenant arising under a lease shall be brought ...
- Texas Civil Practice & Remedies Code Section 15.012 - Injunction Against Suit
Actions to stay proceedings in a suit shall be brought in the county in which the suit is pending. Acts 1985, 69th Leg., ch. 959, ...
- Texas Civil Practice & Remedies Code Section 15.013 - Injunction Against Execution Of Judgment
Actions to restrain execution of a judgment based on invalidity of the judgment or of the writ shall be brought in the county in which ...
- Texas Civil Practice & Remedies Code Section 15.014 - Head Of State Department
An action for mandamus against the head of a department of the state government shall be brought in Travis County. Acts 1985, 69th Leg., ch. ...
- Texas Civil Practice & Remedies Code Section 15.015 - Counties
An action against a county shall be brought in that county. Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. ...
- Texas Civil Practice & Remedies Code Section 15.0151 - Certain Political Subdivisions
(a) Except as provided by a law not contained in this chapter, an action against a political subdivision that is located in a county with ...
- Texas Civil Practice & Remedies Code Section 15.016 - Other Mandatory Venue
An action governed by any other statute prescribing mandatory venue shall be brought in the county required by that statute. Acts 1985, 69th Leg., ch. ...
- Texas Civil Practice & Remedies Code Section 15.017 - Libel, Slander, Or Invasion Of Privacy
A suit for damages for libel, slander, or invasion of privacy shall be brought and can only be maintained in the county in which the ...
- Texas Civil Practice & Remedies Code Section 15.018 - Federal Employers' Liability Act And Jones Act
(a) This section only applies to suits brought under the federal Employers' Liability Act (45 U.S.C. Section 51 et seq.) or the Jones Act (46 ...
- Texas Civil Practice & Remedies Code Section 15.019 - Inmate Litigation
(a) Except as provided by Section 15.014, an action that accrued while the plaintiff was housed in a facility operated by or under contract with ...
- Texas Civil Practice & Remedies Code Section 15.020 - Major Transactions: Specification Of Venue By Agreement
(a) In this section, "major transaction" means a transaction evidenced by a written agreement under which a person pays or receives, or is obligated to ...
- Texas Civil Practice & Remedies Code Section 15.031 - Executor; Administrator; Guardian
If the suit is against an executor, administrator, or guardian, as such, to establish a money demand against the estate which he represents, the suit ...
- Texas Civil Practice & Remedies Code Section 15.032 - Insurance
Suit against fire, marine, or inland insurance companies may also be commenced in any county in which the insured property was situated. A suit on ...
- Texas Civil Practice & Remedies Code Section 15.033 - Breach Of Warranty By Manufacturer
A suit for breach of warranty by a manufacturer of consumer goods may be brought in any county in which all or a substantial part ...
- Texas Civil Practice & Remedies Code Section 15.035 - Contract In Writing
(a) Except as provided by Subsection (b), if a person has contracted in writing to perform an obligation in a particular county, expressly naming the ...
- Texas Civil Practice & Remedies Code Section 15.038 - Other Permissive Venue
An action governed by any other statute prescribing permissive venue may be brought in the county allowed by that statute. Acts 1985, 69th Leg., ch. ...
- Texas Civil Practice & Remedies Code Section 15.039 - Transient Person
A transient person may be sued in any county in which he may be found. Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. ...
- Texas Civil Practice & Remedies Code Section 15.062 - Counterclaims, Cross Claims, And Third-Party Claims
(a) Venue of the main action shall establish venue of a counterclaim, cross claim, or third-party claim properly joined under the Texas Rules of Civil ...
- Texas Civil Practice & Remedies Code Section 15.063 - Transfer
The court, on motion filed and served concurrently with or before the filing of the answer, shall transfer an action to another county of proper ...
- Texas Civil Practice & Remedies Code Section 15.064 - Hearings
(a) In all venue hearings, no factual proof concerning the merits of the case shall be required to establish venue. The court shall determine venue ...
- Texas Civil Practice & Remedies Code Section 15.0641 - Venue Rights Of Multiple Defendants
In a suit in which two or more defendants are joined, any action or omission by one defendant in relation to venue, including a waiver ...
- Texas Civil Practice & Remedies Code Section 15.0642 - Mandamus
A party may apply for a writ of mandamus with an appellate court to enforce the mandatory venue provisions of this chapter. An application for ...
- Texas Civil Practice & Remedies Code Section 15.065 - Watercourse Or Roadway Forming County Boundary
If a river, watercourse, highway, road, or street forms the boundary line between two counties, the courts of each county have concurrent jurisdiction over the ...
- Texas Civil Practice & Remedies Code Section 15.066 - Conflict With Rules Of Civil Procedure
Subject to Section 22.004, Government Code, to the extent that this chapter conflicts with the Texas Rules of Civil Procedure, this chapter controls. Added by ...
- Texas Civil Practice & Remedies Code Section 15.081 - Application
This subchapter applies only to suits brought in a justice court. Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. ...
- Texas Civil Practice & Remedies Code Section 15.082 - Venue: General Rule
Except as otherwise provided by this subchapter or by any other law, a suit in justice court shall be brought in the county and precinct ...
- Texas Civil Practice & Remedies Code Section 15.083 - Residence Of A Single Man
A single man's residence is where he boards. Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. ...
- Texas Civil Practice & Remedies Code Section 15.084 - Forcible Entry And Detainer
A suit for forcible entry and detainer shall be brought in the precinct in which all or part of the premises is located. Acts 1985, ...
- Texas Civil Practice & Remedies Code Section 15.085 - Executor; Administrator; Guardian
A suit against an executor, an administrator, or a guardian shall be brought in the county in which the administration or guardianship is pending and ...
- Texas Civil Practice & Remedies Code Section 15.086 - Counties
A suit against a county shall be brought in the precinct in which the county seat of that county is located. Acts 1985, 69th Leg., ...
- Texas Civil Practice & Remedies Code Section 15.087 - Option: Suit In Defendant's County Of Residence
A suit to which a permissive venue section of this subchapter applies may be brought and maintained either in the county provided for by that ...
- Texas Civil Practice & Remedies Code Section 15.088 - Nonresident; Residence Unknown
A suit against a nonresident of this state or against a person whose residence is unknown may be brought in the county and precinct in ...
- Texas Civil Practice & Remedies Code Section 15.089 - Transient Person
A suit against a transient person may be brought in any county and precinct in which the transient person is found. Acts 1985, 69th Leg., ...
- Texas Civil Practice & Remedies Code Section 15.090 - Personal Property
A suit to recover personal property may be brought in the county and precinct in which the property is located. Acts 1985, 69th Leg., ch. ...
- Texas Civil Practice & Remedies Code Section 15.091 - Rents
A suit to recover rents may be brought in the county and precinct in which all or part of the rented premises is located. Acts ...
- Texas Civil Practice & Remedies Code Section 15.092 - Contract
(a) Except as otherwise provided by this section, a suit on a written contract that promises performance at a particular place may be brought in ...
- Texas Civil Practice & Remedies Code Section 15.093 - Torts
A tort suit for damages may be brought in the county and precinct in which the injury was inflicted. Acts 1985, 69th Leg., ch. 959, ...
- Texas Civil Practice & Remedies Code Section 15.094 - Corporation; Association; Joint-Stock Company
A suit against a private corporation, association, or joint-stock company may be brought in the county and precinct in which: (1) all or part of ...
- Texas Civil Practice & Remedies Code Section 15.095 - Railroad Companies; Carriers
A suit against a railroad company, a canal company, or the owners of a line of transportation vehicles for injury to a person or property ...
- Texas Civil Practice & Remedies Code Section 15.096 - Steamboat Or Other Vessel
A suit against the owner of a steamboat or other vessel may be brought in the county or precinct in which: (1) the steamboat or ...
- Texas Civil Practice & Remedies Code Section 15.097 - Insurance Companies
(a) A suit against a fire, marine, or inland marine insurance company may be brought in the county and precinct in which all or part ...
- Texas Civil Practice & Remedies Code Section 15.098 - Pleading Requirements
If a suit is brought in a county or precinct in which the defendant does not reside, the citation or pleading must affirmatively show that ...
- Texas Civil Practice & Remedies Code Section 15.099 - More Than One Justice
If there is more than one justice of the peace in a precinct or in an incorporated city or town, suit may be brought before ...
- Texas Civil Practice & Remedies Code Section 15.100 - Disqualified Justice
If the justice in the proper precinct is not qualified to try the suit, suit may be brought before the nearest qualified justice in the ...
- Texas Civil Practice & Remedies Code Section 16.001 - Effect Of Disability
(a) For the purposes of this subchapter, a person is under a legal disability if the person is: (1) younger than 18 years of age, ...
- Texas Civil Practice & Remedies Code Section 16.002 - One-Year Limitations Period
(a) A person must bring suit for malicious prosecution, libel, slander, or breach of promise of marriage not later than one year after the day ...
- Texas Civil Practice & Remedies Code Section 16.003 - Two-Year Limitations Period
(a) Except as provided by Sections 16.010, 16.0031, and 16.0045, a person must bring suit for trespass for injury to the estate or to the ...
- Texas Civil Practice & Remedies Code Section 16.0031 - Asbestos-Related Or Silica-Related Injuries
(a) In an action for personal injury or death resulting from an asbestos-related injury, as defined by Section 90.001, the cause of action accrues for ...
- Texas Civil Practice & Remedies Code Section 16.004 - Four-Year Limitations Period
(a) A person must bring suit on the following actions not later than four years after the day the cause of action accrues: (1) specific ...
- Texas Civil Practice & Remedies Code Section 16.0045 - Five-Year Limitations Period
(a) A person must bring suit for personal injury not later than five years after the day the cause of action accrues if the injury ...
- Texas Civil Practice & Remedies Code Section 16.005 - Action For Closing Street Or Road
(a) A person must bring suit for any relief from the following acts not later than two years after the day the cause of action ...
- Texas Civil Practice & Remedies Code Section 16.006 - Carriers Of Property
(a) A carrier of property for compensation or hire must bring suit for the recovery of charges not later than three years after the day ...
- Texas Civil Practice & Remedies Code Section 16.007 - Return Of Execution
A person must bring suit against a sheriff or other officer or the surety of the sheriff or officer for failure to return an execution ...
- Texas Civil Practice & Remedies Code Section 16.008 - Architects, Engineers, Interior Designers, And Landscape Architects Furnishing Design, Planning, Or Inspection Of Construction Of Improvements
(a) A person must bring suit for damages for a claim listed in Subsection (b) against a registered or licensed architect, engineer, interior designer, or ...
- Texas Civil Practice & Remedies Code Section 16.009 - Persons Furnishing Construction Or Repair Of Improvements
(a) A claimant must bring suit for damages for a claim listed in Subsection (b) against a person who constructs or repairs an improvement to ...
- Texas Civil Practice & Remedies Code Section 16.010 - Misappropriation Of Trade Secrets
(a) A person must bring suit for misappropriation of trade secrets not later than three years after the misappropriation is discovered or by the exercise ...
- Texas Civil Practice & Remedies Code Section 16.011 - Surveyors
(a) A person must bring suit for damages arising from an injury or loss caused by an error in a survey conducted by a registered ...
- Texas Civil Practice & Remedies Code Section 16.012 - Products Liability
(a) In this section: (1) "Claimant," "seller," and "manufacturer" have the meanings assigned by Section 82.001. (2) "Products liability action" means any action against a ...
- Texas Civil Practice & Remedies Code Section 16.021 - Definitions
In this subchapter: (1) "Adverse possession" means an actual and visible appropriation of real property, commenced and continued under a claim of right that is ...
- Texas Civil Practice & Remedies Code Section 16.022 - Effect Of Disability
(a) For the purposes of this subchapter, a person is under a legal disability if the person is: (1) younger than 18 years of age, ...
- Texas Civil Practice & Remedies Code Section 16.023 - Tacking Of Successive Interests
To satisfy a limitations period, peaceable and adverse possession does not need to continue in the same person, but there must be privity of estate ...
- Texas Civil Practice & Remedies Code Section 16.024 - Adverse Possession: Three-Year Limitations Period
A person must bring suit to recover real property held by another in peaceable and adverse possession under title or color of title not later ...
- Texas Civil Practice & Remedies Code Section 16.025 - Adverse Possession: Five-Year Limitations Period
(a) A person must bring suit not later than five years after the day the cause of action accrues to recover real property held in ...
- Texas Civil Practice & Remedies Code Section 16.026 - Adverse Possession: 10-Year Limitations Period
(a) A person must bring suit not later than 10 years after the day the cause of action accrues to recover real property held in ...
- Texas Civil Practice & Remedies Code Section 16.027 - Adverse Possession: 25-Year Limitations Period Notwithstanding Disability
A person, regardless of whether the person is or has been under a legal disability, must bring suit not later than 25 years after the ...
- Texas Civil Practice & Remedies Code Section 16.028 - Adverse Possession With Recorded Instrument: 25-Year Limitations Period
(a) A person, regardless of whether the person is or has been under a legal disability, may not maintain an action for the recovery of ...
- Texas Civil Practice & Remedies Code Section 16.029 - Evidence Of Title To Land By Limitations
(a) In a suit involving title to real property that is not claimed by this state, it is prima facie evidence that the title to ...
- Texas Civil Practice & Remedies Code Section 16.030 - Title Through Adverse Possession
(a) If an action for the recovery of real property is barred under this chapter, the person who holds the property in peaceable and adverse ...
- Texas Civil Practice & Remedies Code Section 16.031 - Enclosed Land
(a) A tract of land that is owned by one person and that is entirely surrounded by land owned, claimed, or fenced by another is ...
- Texas Civil Practice & Remedies Code Section 16.032 - Adjacent Land
Possession of land that belongs to another by a person owning or claiming 5,000 or more fenced acres that adjoin the land is not peaceable ...
- Texas Civil Practice & Remedies Code Section 16.033 - Technical Defects In Instrument
(a) A person with a right of action for the recovery of real property conveyed by an instrument with one of the following defects must ...
- Texas Civil Practice & Remedies Code Section 16.034 - Attorney's Fees
(a) In a suit for the possession of real property between a person claiming under record title to the property and one claiming by adverse ...
- Texas Civil Practice & Remedies Code Section 16.035 - Lien On Real Property
(a) A person must bring suit for the recovery of real property under a real property lien or the foreclosure of a real property lien ...
- Texas Civil Practice & Remedies Code Section 16.036 - Extension Of Real Property Lien
(a) The party or parties primarily liable for a debt or obligation secured by a real property lien, as that term is defined in Section ...
- Texas Civil Practice & Remedies Code Section 16.037 - Effect Of Extension Of Real Property Lien On Third Parties
An extension agreement is void as to a bona fide purchaser for value, a lienholder, or a lessee who deals with real property affected by ...
- Texas Civil Practice & Remedies Code Section 16.051 - Residual Limitations Period
Every action for which there is no express limitations period, except an action for the recovery of real property, must be brought not later than ...
- Texas Civil Practice & Remedies Code Section 16.061 - Rights Not Barred
(a) A right of action of this state or a political subdivision of the state, including a county, an incorporated city or town, a navigation ...
- Texas Civil Practice & Remedies Code Section 16.062 - Effect Of Death
(a) The death of a person against whom or in whose favor there may be a cause of action suspends the running of an applicable ...
- Texas Civil Practice & Remedies Code Section 16.063 - Temporary Absence From State
The absence from this state of a person against whom a cause of action may be maintained suspends the running of the applicable statute of ...
- Texas Civil Practice & Remedies Code Section 16.064 - Effect Of Lack Of Jurisdiction
(a) The period between the date of filing an action in a trial court and the date of a second filing of the same action ...
- Texas Civil Practice & Remedies Code Section 16.065 - Acknowledgment Of Claim
An acknowledgment of the justness of a claim that appears to be barred by limitations is not admissible in evidence to defeat the law of ...
- Texas Civil Practice & Remedies Code Section 16.066 - Action On Foreign Judgment
(a) An action on a foreign judgment is barred in this state if the action is barred under the laws of the jurisdiction where rendered. ...
- Texas Civil Practice & Remedies Code Section 16.067 - Claim Incurred Prior To Arrival In This State
(a) A person may not bring an action to recover a claim against a person who has moved to this state if the claim is ...
- Texas Civil Practice & Remedies Code Section 16.068 - Amended And Supplemental Pleadings
If a filed pleading relates to a cause of action, cross action, counterclaim, or defense that is not subject to a plea of limitation when ...
- Texas Civil Practice & Remedies Code Section 16.069 - Counterclaim Or Cross Claim
(a) If a counterclaim or cross claim arises out of the same transaction or occurrence that is the basis of an action, a party to ...
- Texas Civil Practice & Remedies Code Section 16.070 - Contractual Limitations Period
(a) Except as provided by Subsection (b), a person may not enter a stipulation, contract, or agreement that purports to limit the time in which ...
- Texas Civil Practice & Remedies Code Section 16.071 - Notice Requirements
(a) A contract stipulation that requires a claimant to give notice of a claim for damages as a condition precedent to the right to sue ...
- Texas Civil Practice & Remedies Code Section 16.072 - Saturday, Sunday, Or Holiday
If the last day of a limitations period under any statute of limitations falls on a Saturday, Sunday, or holiday, the period for filing suit ...
- Texas Civil Practice & Remedies Code Section 17.001 - Suit On Contract With Several Obligors Or Parties Conditionally Liable
(a) Except as provided by this section, the acceptor of a bill of exchange or a principal obligor on a contract may be sued alone ...
- Texas Civil Practice & Remedies Code Section 17.002 - Suit Against Estate For Land Title
In a suit against the estate of a decedent involving the title to real property, the executor or administrator, if any, and the heirs must ...
- Texas Civil Practice & Remedies Code Section 17.003 - Suit Against Nonresident Or Transient Property Owner
For the purpose of establishing title to property, settling a lien or encumbrance on property, or determining an estate, interest, lien, or encumbrance, a person ...
- Texas Civil Practice & Remedies Code Section 17.004 - Suit Against Unknown Heirs Or Unknown Stockholders Of Defunct Corporation
A person with a claim against property that has accrued to or been granted to the unknown heirs of a deceased individual or the unknown ...
- Texas Civil Practice & Remedies Code Section 17.005 - Suit Against Unknown Landowner
(a) A person may sue the unknown owner or claimant of an interest in land if: (1) the person bringing suit claims ownership of an ...
- Texas Civil Practice & Remedies Code Section 17.021 - Service On Certain Noncorporate Business Agents
(a) In an action against an individual, partnership, or unincorporated association that arises in a county in which the individual, partnership, or association has an ...
- Texas Civil Practice & Remedies Code Section 17.022 - Service On Partnership
Citation served on one member of a partnership authorizes a judgment against the partnership and the partner actually served. Acts 1985, 69th Leg., ch. 959, ...
- Texas Civil Practice & Remedies Code Section 17.023 - Service On Joint-Stock Association
(a) In an action against a joint-stock association, citation may be served by: (1) serving the president, vice-president, secretary, cashier, assistant cashier, or treasurer of ...
- Texas Civil Practice & Remedies Code Section 17.024 - Service On Political Subdivision
(a) In a suit against a county, citation must be served on the county judge. (b) In a suit against an incorporated city, town, or ...
- Texas Civil Practice & Remedies Code Section 17.025 - Assessment Of Postage Cost For Mail Service
(a) If a public official is required or permitted by law to serve legal process by mail, including process in a suit for delinquent taxes, ...
- Texas Civil Practice & Remedies Code Section 17.026 - Service On Secretary Of State
(a) In an action in which citation may be served on the secretary of state, service may be made by certified mail, return receipt requested, ...
- Texas Civil Practice & Remedies Code Section 17.027 - Preparation And Service
(a) The plaintiff or his attorney may prepare the appropriate citation for the defendant. (b) The citation must be in the form prescribed by the ...
- Texas Civil Practice & Remedies Code Section 17.041 - Definition
In this subchapter, "nonresident" includes: (1) an individual who is not a resident of this state; and (2) a foreign corporation, joint-stock company, association, or ...
- Texas Civil Practice & Remedies Code Section 17.042 - Acts Constituting Business In This State
In addition to other acts that may constitute doing business, a nonresident does business in this state if the nonresident: (1) contracts by mail or ...
- Texas Civil Practice & Remedies Code Section 17.043 - Service On Person In Charge Of Business
In an action arising from a nonresident's business in this state, process may be served on the person in charge, at the time of service, ...
- Texas Civil Practice & Remedies Code Section 17.044 - Substituted Service On Secretary Of State
(a) The secretary of state is an agent for service of process or complaint on a nonresident who: (1) is required by statute to designate ...
- Texas Civil Practice & Remedies Code Section 17.045 - Notice To Nonresident
(a) If the secretary of state is served with duplicate copies of process for a nonresident, the documents shall contain a statement of the name ...
- Texas Civil Practice & Remedies Code Section 17.061 - Definitions
In this subchapter: (1) "Agent" includes a servant, employee, heir, legal representative, executor, administrator, or guardian. (2) "Chairman" means the chairman of the Texas Transportation ...
- Texas Civil Practice & Remedies Code Section 17.062 - Substituted Service On Chairman Of Texas Transportation Commission
(a) The chairman of the Texas Transportation Commission is an agent for service of process on a person who is a nonresident or an agent ...
- Texas Civil Practice & Remedies Code Section 17.063 - Method Of Service; Notice To Nonresident
(a) A certified copy of the process must be served on the chairman not later than the 20th day prior to the date of return ...
- Texas Civil Practice & Remedies Code Section 17.064 - Same Effect As Personal Service
Service on the chairman has the same effect as personal service on the nonresident. Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, ...
- Texas Civil Practice & Remedies Code Section 17.065 - Failed Substituted Service
(a) If the notice of service on the chairman cannot be effected by registered or certified mail or if the nonresident or agent refuses to ...
- Texas Civil Practice & Remedies Code Section 17.066 - Return
An officer who serves process on the chairman under this subchapter shall state on his return the day and hour of service and any other ...
- Texas Civil Practice & Remedies Code Section 17.067 - Default Judgment
If process is served on the chairman under this subchapter, a court may not grant default judgment against the defendant before the 21st day after ...
- Texas Civil Practice & Remedies Code Section 17.068 - Continuance Or Postponement
A court may continue or postpone an action in which process is served under this subchapter as necessary to afford the defendant reasonable opportunity to ...
- Texas Civil Practice & Remedies Code Section 17.069 - Chairman's Certificate
(a) On request of any party and payment of a $25 fee, the chairman shall certify the occurrence or performance of any duty, act, omission, ...
- Texas Civil Practice & Remedies Code Section 17.091 - Substituted Service In Delinquent Tax Cases
(a) In a suit to collect delinquent property taxes by the state or a subdivision of the state in which a person who is a ...
- Texas Civil Practice & Remedies Code Section 17.092 - Service On Nonresident Utility Supplier
A nonresident individual or partnership that supplies gas, water, electricity, or other public utility service to a city, town, or village in this state may ...
- Texas Civil Practice & Remedies Code Section 17.093 - Service On Foreign Railway
In addition to other methods of service provided by law, process may be served on a foreign railway by serving: (1) a train conductor who: ...
- Texas Civil Practice & Remedies Code Section 18.001 - Affidavit Concerning Cost And Necessity Of Services
(a) This section applies to civil actions only, but not to an action on a sworn account. (b) Unless a controverting affidavit is filed as ...
- Texas Civil Practice & Remedies Code Section 18.002 - Form Of Affidavit
(a) An affidavit concerning cost and necessity of services by the person who provided the service is sufficient if it follows the following form: No.___________ ...
- Texas Civil Practice & Remedies Code Section 18.031 - Foreign Interest Rate
Unless the interest rate of another state or country is alleged and proved, the rate is presumed to be the same as that established by ...
- Texas Civil Practice & Remedies Code Section 18.032 - Traffic Control Device Presumed To Be Lawful
(a) In a civil case, proof of the existence of a traffic control device on or alongside a public thoroughfare by a party is prima ...
- Texas Civil Practice & Remedies Code Section 18.033 - State Land Records
(a) In a dispute between the State of Texas and an upland owner of property fronting on the Gulf of Mexico and the arms of ...
- Texas Civil Practice & Remedies Code Section 18.061 - Communications Of Sympathy
(a) A court in a civil action may not admit a communication that: (1) expresses sympathy or a general sense of benevolence relating to the ...
- Texas Civil Practice & Remedies Code Section 18.062 - Certain Information Relating To Identity Theft
(a) Except as provided by Subsection (b), a business record is not admissible in a civil action if the business record is provided to law ...
- Texas Civil Practice & Remedies Code Section 18.091 - Proof Of Certain Losses; Jury Instruction
(a) Notwithstanding any other law, if any claimant seeks recovery for loss of earnings, loss of earning capacity, loss of contributions of a pecuniary value, ...
- Texas Civil Practice & Remedies Code Section 19.001 - Application Of Chapter
This chapter applies to: (1) a deed, bond, bill of sale, mortgage, deed of trust, power of attorney, or conveyance that is required or permitted ...
- Texas Civil Practice & Remedies Code Section 19.002 - Parol Proof
A person may supply a lost, destroyed, or removed record by parol proof of the record's contents as provided by this chapter. Acts 1985, 69th ...
- Texas Civil Practice & Remedies Code Section 19.003 - Application For Relief
(a) To supply a record that has been lost, destroyed, or removed: (1) a person interested in an instrument or in a judgment, order, or ...
- Texas Civil Practice & Remedies Code Section 19.004 - Citation
(a) If an application is filed to supply a record, the clerk shall issue a citation to the following, as applicable, or to the person's ...
- Texas Civil Practice & Remedies Code Section 19.005 - Order
(a) On hearing an application to supply a record, if the court is satisfied from the evidence of the previous existence and content of the ...
- Texas Civil Practice & Remedies Code Section 19.006 - Effect Of Order
The order supplying the record: (1) stands in the place of the original record; (2) has the same effect as the original record; (3) if ...
- Texas Civil Practice & Remedies Code Section 19.007 - Method Not Exclusive
The method provided by this chapter for supplying a record is in addition to other methods provided by law. Acts 1985, 69th Leg., ch. 959, ...
- Texas Civil Practice & Remedies Code Section 19.008 - Rerecordation Of Original Document
Rerecordation of the original document within four years after the date a record of an instrument, judgment, order, or decree was lost, destroyed, or removed ...
- Texas Civil Practice & Remedies Code Section 19.009 - Certified Copy
If the loss, destruction, or removal of an original county record is established, a certified copy of the record from the records of that county ...
- Texas Civil Practice & Remedies Code Section 20.001 - Persons Who May Take A Deposition
(a) A deposition on written questions of a witness who is alleged to reside or to be in this state may be taken by: (1) ...
- Texas Civil Practice & Remedies Code Section 20.002 - Testimony Required By Foreign Jurisdiction
If a court of record in any other state or foreign jurisdiction issues a mandate, writ, or commission that requires a witness's testimony in this ...
- Texas Civil Practice & Remedies Code Section 21.003 - Qualifications
Text of section effective until Sept. 1, 2006. The interpreter must hold a current Reverse Skills Certificate, Comprehensive Skills Certificate, Master's Comprehensive Skills Certificate, ...
- Texas Civil Practice & Remedies Code Section 21.003 - Qualifications
Text of section effective Sept. 1, 2006. The interpreter must hold a current legal certificate issued by the National Registry of Interpreters for the ...
- Texas Civil Practice & Remedies Code Section 21.004 - Interpreter's Position In Court
If a court is required to appoint an interpreter under this subchapter, the court may not start proceedings until the appointed interpreter is in court ...
- Texas Civil Practice & Remedies Code Section 21.005 - Oath
(a) The interpreter shall take an oath that the interpreter will: (1) make a true interpretation to the deaf person of all the case proceedings ...
- Texas Civil Practice & Remedies Code Section 21.006 - Fees And Travel Expenses
(a) The interpreter shall be paid a reasonable fee determined by the court after considering the recommended fees of the Texas Commission for the Deaf ...
- Texas Civil Practice & Remedies Code Section 21.007 - Recording Of Testimony
(a) On the court's motion or a party's motion, the court may order a video recording of a deaf witness's testimony and the interpreter's interpretation ...
- Texas Civil Practice & Remedies Code Section 21.008 - Privilege Of Interpreter For The Deaf
If a deaf person communicates through an interpreter to a person under circumstances in which the communication would be privileged and the deaf person could ...
- Texas Civil Practice & Remedies Code Section 21.009 - Jury Deliberations; Verdict
(a) The interpreter appointed for a juror may be present and assist the juror during the jury deliberation. (b) The presence of the interpreter during ...
- Texas Civil Practice & Remedies Code Section 21.021 - Application
This subchapter applies to a county that: (1) is part of two or more judicial districts, that has two or more district courts with regular ...
- Texas Civil Practice & Remedies Code Section 21.022 - Appointment
(a) On the request of a district judge who has made a determination of need, the commissioners court of the county shall appoint court interpreters ...
- Texas Civil Practice & Remedies Code Section 21.023 - Interpreter's Qualifications
The court interpreter must be well versed in and competent to speak the Spanish and English languages. Acts 1985, 69th Leg., ch. 959, § 1, ...
- Texas Civil Practice & Remedies Code Section 21.031 - Appointment; Termination Of Employment; Duties
(a) The judge of a county court at law may appoint an official interpreter for that court and may terminate that interpreter's employment at any ...
- Texas Civil Practice & Remedies Code Section 21.032 - Oath
The official interpreter appointed under this subchapter must take the constitutional oath of office and an oath that the interpreter will faithfully interpret all testimony ...
- Texas Civil Practice & Remedies Code Section 21.051 - Interpreter Fee
The clerk of the court shall collect an interpreter fee of $3 as a court cost in each civil case in which an interpreter is ...
- Texas Civil Practice & Remedies Code Section 22.001 - Witness Fees
(a) Except as provided by Section 22.002, a witness is entitled to 10 dollars for each day the witness attends court. This fee includes the ...
- Texas Civil Practice & Remedies Code Section 22.002 - Distance For Subpoenas
A witness who is represented to reside 150 miles or less from a county in which a suit is pending or who may be found ...
- Texas Civil Practice & Remedies Code Section 22.003 - Fees For Witnesses Summoned By A State Agency
(a) In this section: (1) "Commercial lodging establishment" means a motel, hotel, inn, apartment, or similar entity that offers lodging to the public in exchange ...
- Texas Civil Practice & Remedies Code Section 22.004 - Fee For Production Or Certification Of Documents
(a) A custodian of a record who receives a request for production or certification of a record under a subpoena, a request for production, or ...
- Texas Civil Practice & Remedies Code Section 22.011 - Privilege From Arrest
(a) A witness is privileged from arrest while attending, going to, and returning from court. (b) The privilege provided by this section extends for a ...
- Texas Civil Practice & Remedies Code Section 23.001 - Definitions
In this chapter: (1) "Religious organization" means an organization that meets the standards for qualification as a religious organization under Section 11.20, Tax Code. (2) ...
- Texas Civil Practice & Remedies Code Section 23.002 - Recess
(a) If a juror in a civil action is required to appear at a court proceeding on a religious holy day observed by the juror, ...
- Texas Civil Practice & Remedies Code Section 24.001 - Recording Prohibited
A person may not use any device to produce or make an audio, visual, or audio-visual broadcast, recording, or photograph of a jury while the ...
- Texas Civil Practice & Remedies Code Section 26.001 - Adoption Of Rules By Supreme Court
(a) The supreme court shall adopt rules to provide for the fair and efficient resolution of class actions. (b) The supreme court shall adopt rules ...
- Texas Civil Practice & Remedies Code Section 26.002 - Mandatory Guidelines
Rules adopted under Section 26.001 must comply with the mandatory guidelines established by this chapter. Added by Acts 2003, 78th Leg., ch. 204, § 1.01, ...
- Texas Civil Practice & Remedies Code Section 26.003 - Attorney's Fees
(a) If an award of attorney's fees is available under applicable substantive law, the rules adopted under this chapter must provide that the trial court ...
- Texas Civil Practice & Remedies Code Section 26.051 - State Agency With Exclusive Or Primary Jurisdiction
(a) Before hearing or deciding a motion to certify a class action, a trial court must hear and rule on all pending pleas to the ...
- Texas Civil Practice & Remedies Code Section 30.001 - Instrument To Waive Service Or Confess Judgment
In an instrument executed before suit is brought, a person may not accept service and waive process, enter an appearance in open court, or confess ...
- Texas Civil Practice & Remedies Code Section 30.002 - Expiration Of Judge's Term; Death Of Judge
(a) If a district or county judge's term of office expires before the adjournment of the court term at which a case may be tried ...
- Texas Civil Practice & Remedies Code Section 30.003 - Legislative Continuance
(a) This section applies to any criminal or civil suit, including matters of probate, and to any matters ancillary to the suit that require action ...
- Texas Civil Practice & Remedies Code Section 30.004 - Notice To Attorney General For Certain Suits
(a) This section applies to a civil case in which: (1) the state is named as a party; (2) an agency in the executive or ...
- Texas Civil Practice & Remedies Code Section 30.005 - Religious Holy Day
(a) In this section: (1) "Religious organization" means an organization that meets the standards for qualifying as a religious organization under Section 11.20, Tax Code. ...
- Texas Civil Practice & Remedies Code Section 30.007 - Production Of Financial Institution Records
Civil discovery of a customer record maintained by a financial institution is governed by Section 59.006, Finance Code. Added by Acts 1995, 74th Leg., ch. ...
- Texas Civil Practice & Remedies Code Section 30.008 - Demand For Jury Trial In Justice Court; Failure To Appear
(a) A justice court may order a party who demands a jury trial in a justice court and who fails to appear for the trial ...
- Texas Civil Practice & Remedies Code Section 30.009 - Mistrial In Justice Court Or Municipal Court
If a jury in a trial in a justice court or a municipal court is discharged without having rendered a verdict, the cause may be ...
- Texas Civil Practice & Remedies Code Section 30.010 - Personal Identifying Information Privileged From Discovery By Inmate
(a) Personal identifying information pertaining to an individual, including the individual's home address, home telephone number, and social security account number, is privileged from discovery ...
- Texas Civil Practice & Remedies Code Section 30.011 - Electronic Subpoena Application
In addition to any other procedure permitted under state law or by court rule, an application for issuance of a subpoena may be made by ...
- Texas Civil Practice & Remedies Code Section 30.012 - Use Of Communication Equipment In Certain Proceedings
(a) With the agreement of the parties, and subject to Subsection (b), a trial judge may order that a hearing of a preliminary matter or ...
- Texas Civil Practice & Remedies Code Section 30.015 - Provision Of Current Address Of Party In Civil Action
(a) In a civil action filed in a district court, county court, statutory county court, or statutory probate court, each party or the party's attorney ...
- Texas Civil Practice & Remedies Code Section 30.016 - Recusal Or Disqualification Of Certain Judges
(a) In this section, "tertiary recusal motion" means a third or subsequent motion for recusal or disqualification filed against a district court, statutory probate court, ...
- Texas Civil Practice & Remedies Code Section 30.017 - Claims Against Certain Judges
(a) A claim against a district court, statutory probate court, or statutory county court judge that is added to a case pending in the court ...
- Texas Civil Practice & Remedies Code Section 31.001 - Passage Of Title
A judgment for the conveyance of real property or the delivery of personal property may pass title to the property without additional action by the ...
- Texas Civil Practice & Remedies Code Section 31.002 - Collection Of Judgment Through Court Proceeding
(a) A judgment creditor is entitled to aid from a court of appropriate jurisdiction through injunction or other means in order to reach property to ...
- Texas Civil Practice & Remedies Code Section 31.0025 - Authority Of Court To Order Turnover Of Wages
(a) Notwithstanding any other law, a court may not, at any time before a judgment debtor is paid wages for personal services performed by the ...
- Texas Civil Practice & Remedies Code Section 31.003 - Judgment Against Partnership
If a suit is against several partners who are jointly indebted under a contract and citation has been served on at least one but not ...
- Texas Civil Practice & Remedies Code Section 31.004 - Effect Of Adjudication In Lower Trial Court
(a) A judgment or a determination of fact or law in a proceeding in a lower trial court is not res judicata and is not ...
- Texas Civil Practice & Remedies Code Section 31.005 - Effect Of Adjudication In Small Claims Or Justice Of The Peace Court
A judgment or a determination of fact or law in a proceeding in small claims court or justice of the peace court is not res ...
- Texas Civil Practice & Remedies Code Section 31.006 - Revival Of Judgment
A dormant judgment may be revived by scire facias or by an action of debt brought not later than the second anniversary of the date ...
- Texas Civil Practice & Remedies Code Section 31.007 - Parties Responsible For Accounting Of Own Costs
(a) Each party to a suit shall be responsible for accurately recording all costs and fees incurred during the course of a lawsuit, if the ...
- Texas Civil Practice & Remedies Code Section 31.008 - Payment Of Unclaimed Judgment
(a) A judgment debtor may pay to the court that rendered the judgment the amount under the judgment owed to a judgment creditor whose location ...
- Texas Civil Practice & Remedies Code Section 31.010 - Turnover By Financial Institution
(a) A financial institution that receives a request to turn over assets or financial information of a judgment debtor to a judgment creditor or a ...
- Texas Civil Practice & Remedies Code Section 32.001 - Application
(a) This chapter applies only to tort actions. (b) This chapter does not apply if a right of contribution, indemnity, or recovery between defendants is ...
- Texas Civil Practice & Remedies Code Section 32.002 - Right Of Action
A person against whom a judgment is rendered has, on payment of the judgment, a right of action to recover payment from each codefendant against ...
- Texas Civil Practice & Remedies Code Section 32.003 - Recovery
(a) The person may recover from each codefendant against whom judgment is rendered an amount determined by dividing the number of all liable defendants into ...
- Texas Civil Practice & Remedies Code Section 33.001 - Proportionate Responsibility
In an action to which this chapter applies, a claimant may not recover damages if his percentage of responsibility is greater than 50 percent. Acts ...
- Texas Civil Practice & Remedies Code Section 33.002 - Applicability
(a) This chapter applies to: (1) any cause of action based on tort in which a defendant, settling person, or responsible third party is found ...
- Texas Civil Practice & Remedies Code Section 33.003 - Determination Of Percentage Of Responsibility
(a) The trier of fact, as to each cause of action asserted, shall determine the percentage of responsibility, stated in whole numbers, for the following ...
- Texas Civil Practice & Remedies Code Section 33.004 - Designation Of Responsible Third Party
(a) A defendant may seek to designate a person as a responsible third party by filing a motion for leave to designate that person as ...
- Texas Civil Practice & Remedies Code Section 33.011 - Definitions
In this chapter: (1) "Claimant" means a person seeking recovery of damages, including a plaintiff, counterclaimant, cross-claimant, or third-party plaintiff. In an action in which ...
- Texas Civil Practice & Remedies Code Section 33.012 - Amount Of Recovery
(a) If the claimant is not barred from recovery under Section 33.001, the court shall reduce the amount of damages to be recovered by the ...
- Texas Civil Practice & Remedies Code Section 33.013 - Amount Of Liability
(a) Except as provided in Subsection (b), a liable defendant is liable to a claimant only for the percentage of the damages found by the ...
- Texas Civil Practice & Remedies Code Section 33.015 - Contribution
(a) If a defendant who is jointly and severally liable under Section 33.013 pays a percentage of the damages for which the defendant is jointly ...
- Texas Civil Practice & Remedies Code Section 33.016 - Claim Against Contribution Defendant
(a) In this section, "contribution defendant" means any defendant, counterdefendant, or third-party defendant from whom any party seeks contribution with respect to any portion of ...
- Texas Civil Practice & Remedies Code Section 33.017 - Preservation Of Existing Rights Of Indemnity
Nothing in this chapter shall be construed to affect any rights of indemnity granted by any statute, by contract, or by common law. To the ...
- Texas Civil Practice & Remedies Code Section 34.001 - No Execution On Dormant Judgment
(a) If a writ of execution is not issued within 10 years after the rendition of a judgment of a court of record or a ...
- Texas Civil Practice & Remedies Code Section 34.002 - Effect Of Plaintiff's Death
(a) If a plaintiff dies after judgment, any writ of execution must be issued in the name of the plaintiff's legal representative, if any, and ...
- Texas Civil Practice & Remedies Code Section 34.003 - Effect Of Defendant's Death
The death of the defendant after a writ of execution is issued stays the execution proceedings, but any lien acquired by levy of the writ ...
- Texas Civil Practice & Remedies Code Section 34.004 - Levy On Property Conveyed To Third Party
Property that the judgment debtor has sold, mortgaged, or conveyed in trust may not be seized in execution if the purchaser, mortgagee, or trustee points ...
- Texas Civil Practice & Remedies Code Section 34.005 - Levy On Property Of Surety
(a) If the face of a writ of execution or the endorsement of the clerk shows that one of the persons against whom it is ...
- Texas Civil Practice & Remedies Code Section 34.021 - Recovery Of Property Before Sale
A person is entitled to recover his property that has been seized through execution of a writ issued by a court if the judgment on ...
- Texas Civil Practice & Remedies Code Section 34.022 - Recovery Of Property Value After Sale
(a) A person is entitled to recover from the judgment creditor the market value of the person's property that has been seized through execution of ...
- Texas Civil Practice & Remedies Code Section 34.041 - Sale At Place Other Than Courthouse Door
If the public sale of land is required by law to be made at a place other than the courthouse door, sales under this chapter ...
- Texas Civil Practice & Remedies Code Section 34.042 - Sale Of City Lots
If real property taken in execution consists of several lots, tracts, or parcels in a city or town, each lot, tract, or parcel must be ...
- Texas Civil Practice & Remedies Code Section 34.043 - Sale Of Rural Property
(a) If real property taken in execution is not located in a city or town, the defendant in the writ who holds legal or equitable ...
- Texas Civil Practice & Remedies Code Section 34.044 - Stock Shares Subject To Sale
Shares of stock in a corporation or joint-stock company that are owned by a defendant in execution may be sold on execution. Acts 1985, 69th ...
- Texas Civil Practice & Remedies Code Section 34.0445 - Persons Eligible To Purchase Real Property
(a) An officer conducting a sale of real property under this subchapter may not execute or deliver a deed to the purchaser of the property ...
- Texas Civil Practice & Remedies Code Section 34.045 - Conveyance Of Title After Sale
(a) When the sale has been made and its terms complied with, the officer shall execute and deliver to the purchaser a conveyance of all ...
- Texas Civil Practice & Remedies Code Section 34.046 - Purchaser Considered Innocent Purchaser Without Notice
The purchaser of property sold under execution is considered to be an innocent purchaser without notice if the purchaser would have been considered an innocent ...
- Texas Civil Practice & Remedies Code Section 34.047 - Distribution Of Sale Proceeds
(a) An officer shall deliver money collected on execution to the entitled party at the earliest opportunity. (b) The officer is entitled to retain from ...
- Texas Civil Practice & Remedies Code Section 34.048 - Purchase By Officer Void
If an officer or his deputy conducting an execution sale directly or indirectly purchases the property, the sale is void. Acts 1985, 69th Leg., ch. ...
- Texas Civil Practice & Remedies Code Section 34.061 - Duty Toward Seized Personalty; Liability
(a) The officer shall keep securely all personal property on which he has levied and for which no delivery bond is given. (b) If an ...
- Texas Civil Practice & Remedies Code Section 34.062 - Duty Of Successor Officer
If the officer who receives a writ of execution dies or goes out of office before the writ is returned, his successor or the officer ...
- Texas Civil Practice & Remedies Code Section 34.063 - Improper Endorsement Of Writ
If an officer receives more than one writ of execution on the same day against the same person and fails to number them as received ...
- Texas Civil Practice & Remedies Code Section 34.064 - Improper Return Of Writ
If an officer neglects or refuses to return a writ of execution as required by law or makes a false return on a writ of ...
- Texas Civil Practice & Remedies Code Section 34.065 - Failure To Levy Or Sell
If an officer fails or refuses to levy on or sell property subject to execution and the levy or sale could have taken place, the ...
- Texas Civil Practice & Remedies Code Section 34.066 - Improper Sale
If an officer sells property without giving notice as required by the Texas Rules of Civil Procedure or sells property in a manner other than ...
- Texas Civil Practice & Remedies Code Section 34.067 - Failure To Deliver Money Collected
If an officer fails or refuses to deliver money collected under an execution when demanded by the person entitled to receive the money, the officer ...
- Texas Civil Practice & Remedies Code Section 35.001 - Definition
In this chapter, "foreign judgment" means a judgment, decree, or order of a court of the United States or of any other court that is ...
- Texas Civil Practice & Remedies Code Section 35.002 - Short Title
This chapter may be cited as the Uniform Enforcement of Foreign Judgments Act. Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. ...
- Texas Civil Practice & Remedies Code Section 35.003 - Filing And Status Of Foreign Judgments
(a) A copy of a foreign judgment authenticated in accordance with an act of congress or a statute of this state may be filed in ...
- Texas Civil Practice & Remedies Code Section 35.004 - Affidavit; Notice Of Filing
(a) At the time a foreign judgment is filed, the judgment creditor or the judgment creditor's attorney shall file with the clerk of the court ...
- Texas Civil Practice & Remedies Code Section 35.005 - Alternate Notice Of Filing--Judgment Creditor
(a) The judgment creditor may mail a notice of the filing of the judgment to the judgment debtor and may file proof of mailing with ...
- Texas Civil Practice & Remedies Code Section 35.006 - Stay
(a) If the judgment debtor shows the court that an appeal from the foreign judgment is pending or will be taken, that the time for ...
- Texas Civil Practice & Remedies Code Section 35.007 - Fees
(a) A person filing a foreign judgment shall pay to the clerk of the court the amount as otherwise provided by law for filing suit ...
- Texas Civil Practice & Remedies Code Section 35.008 - Optional Procedure
A judgment creditor retains the right to bring an action to enforce a judgment instead of proceeding under this chapter. Acts 1985, 69th Leg., ch. ...
- Texas Civil Practice & Remedies Code Section 36.001 - Definitions
In this chapter: (1) "Foreign country" means a governmental unit other than: (A) the United States; (B) a state, district, commonwealth, territory, or insular possession ...
- Texas Civil Practice & Remedies Code Section 36.002 - Applicability
(a) This chapter applies to a foreign country judgment: (1) that is final and conclusive and enforceable where rendered, even though an appeal is pending ...
- Texas Civil Practice & Remedies Code Section 36.003 - Short Title
This chapter may be cited as the Uniform Foreign Country Money-Judgment Recognition Act. Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. ...
- Texas Civil Practice & Remedies Code Section 36.004 - Recognition And Enforcement
Except as provided by Section 36.005, a foreign country judgment that is filed with notice given as provided by this chapter, that meets the requirements ...
- Texas Civil Practice & Remedies Code Section 36.0041 - Filing
A copy of a foreign country judgment authenticated in accordance with an act of congress, a statute of this state, or a treaty or other ...
- Texas Civil Practice & Remedies Code Section 36.0042 - Affidavit; Notice Of Filing
(a) At the time a foreign country judgment is filed, the party seeking recognition of the judgment or the party's attorney shall file with the ...
- Texas Civil Practice & Remedies Code Section 36.0043 - Alternate Notice Of Filing
(a) The party seeking recognition may mail a notice of the filing of the foreign country judgment to the other party and may file proof ...
- Texas Civil Practice & Remedies Code Section 36.0044 - Contesting Recognition
(a) A party against whom recognition of a foreign country judgment is sought may contest recognition of the judgment if, not later than the 30th ...
- Texas Civil Practice & Remedies Code Section 36.005 - Grounds For Nonrecognition
(a) A foreign country judgment is not conclusive if: (1) the judgment was rendered under a system that does not provide impartial tribunals or procedures ...
- Texas Civil Practice & Remedies Code Section 36.006 - Personal Jurisdiction
(a) A court may not refuse to recognize a foreign country judgment for lack of personal jurisdiction if: (1) the defendant was served personally in ...
- Texas Civil Practice & Remedies Code Section 36.007 - Stay In Case Of Appeal
If the defendant satisfies the court either that an appeal is pending or that the defendant is entitled and intends to appeal from the foreign ...
- Texas Civil Practice & Remedies Code Section 36.008 - Other Foreign Country Judgments
This chapter does not prevent the recognition of a foreign country judgment in a situation not covered by this chapter. Acts 1985, 69th Leg., ch. ...
- Texas Civil Practice & Remedies Code Section 37.001 - Definition
In this chapter, "person" means an individual, partnership, joint-stock company, unincorporated association or society, or municipal or other corporation of any character. Acts 1985, 69th ...
- Texas Civil Practice & Remedies Code Section 37.002 - Short Title, Construction, Interpretation
(a) This chapter may be cited as the Uniform Declaratory Judgments Act. (b) This chapter is remedial; its purpose is to settle and to afford ...
- Texas Civil Practice & Remedies Code Section 37.003 - Power Of Courts To Render Judgment; Form And Effect
(a) A court of record within its jurisdiction has power to declare rights, status, and other legal relations whether or not further relief is or ...
- Texas Civil Practice & Remedies Code Section 37.004 - Subject Matter Of Relief
(a) A person interested under a deed, will, written contract, or other writings constituting a contract or whose rights, status, or other legal relations are ...
- Texas Civil Practice & Remedies Code Section 37.005 - Declarations Relating To Trust Or Estate
A person interested as or through an executor or administrator, including an independent executor or administrator, a trustee, guardian, other fiduciary, creditor, devisee, legatee, heir, ...
- Texas Civil Practice & Remedies Code Section 37.006 - Parties
(a) When declaratory relief is sought, all persons who have or claim any interest that would be affected by the declaration must be made parties. ...
- Texas Civil Practice & Remedies Code Section 37.007 - Jury Trial
If a proceeding under this chapter involves the determination of an issue of fact, the issue may be tried and determined in the same manner ...
- Texas Civil Practice & Remedies Code Section 37.008 - Court Refusal To Render
The court may refuse to render or enter a declaratory judgment or decree if the judgment or decree would not terminate the uncertainty or controversy ...
- Texas Civil Practice & Remedies Code Section 37.009 - Costs
In any proceeding under this chapter, the court may award costs and reasonable and necessary attorney's fees as are equitable and just. Acts 1985, 69th ...
- Texas Civil Practice & Remedies Code Section 37.010 - Review
All orders, judgments, and decrees under this chapter may be reviewed as other orders, judgments, and decrees. Acts 1985, 69th Leg., ch. 959, § 1, ...
- Texas Civil Practice & Remedies Code Section 37.011 - Supplemental Relief
Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application must be by petition to a court ...
- Texas Civil Practice & Remedies Code Section 38.001 - Recovery Of Attorney's Fees
A person may recover reasonable attorney's fees from an individual or corporation, in addition to the amount of a valid claim and costs, if the ...
- Texas Civil Practice & Remedies Code Section 38.002 - Procedure For Recovery Of Attorney's Fees
To recover attorney's fees under this chapter: (1) the claimant must be represented by an attorney; (2) the claimant must present the claim to the ...
- Texas Civil Practice & Remedies Code Section 38.003 - Presumption
It is presumed that the usual and customary attorney's fees for a claim of the type described in Section 38.001 are reasonable. The presumption may ...
- Texas Civil Practice & Remedies Code Section 38.004 - Judicial Notice
The court may take judicial notice of the usual and customary attorney's fees and of the contents of the case file without receiving further evidence ...
- Texas Civil Practice & Remedies Code Section 38.005 - Liberal Construction
This chapter shall be liberally construed to promote its underlying purposes. Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. ...
- Texas Civil Practice & Remedies Code Section 38.006 - Exceptions
This chapter does not apply to a contract issued by an insurer that is subject to the provisions of: (1) Title 11, Insurance Code; (2) ...
- Texas Civil Practice & Remedies Code Section 39.001 - Notice Of Intent To Take Default Judgment
Notice of intent to take a default judgment against the state, a state agency, or a party in a civil case for which Chapter 104 ...
- Texas Civil Practice & Remedies Code Section 39.002 - Failure To Give Notice
Failure to give notice in a case in which notice is required by Section 30.004(b) or Section 39.001 results in any default judgment in the ...
- Texas Civil Practice & Remedies Code Section 40.001 - Endowment Of Certain Nonprofit Institutions
(a) This section applies only to damages awarded against: (1) a nonprofit institution or facility: (A) licensed under Chapter 242, 246, or 247, Health and ...
- Texas Civil Practice & Remedies Code Section 41.001 - Definitions
In this chapter: (1) "Claimant" means a party, including a plaintiff, counterclaimant, cross-claimant, or third-party plaintiff, seeking recovery of damages. In a cause of action ...
- Texas Civil Practice & Remedies Code Section 41.002 - Applicability
(a) This chapter applies to any action in which a claimant seeks damages relating to a cause of action. (b) This chapter establishes the maximum ...
- Texas Civil Practice & Remedies Code Section 41.003 - Standards For Recovery Of Exemplary Damages
(a) Except as provided by Subsection (c), exemplary damages may be awarded only if the claimant proves by clear and convincing evidence that the harm ...
- Texas Civil Practice & Remedies Code Section 41.004 - Factors Precluding Recovery
(a) Except as provided by Subsection (b), exemplary damages may be awarded only if damages other than nominal damages are awarded. (b) Exemplary damages may ...
- Texas Civil Practice & Remedies Code Section 41.005 - Harm Resulting From Criminal Act
(a) In an action arising from harm resulting from an assault, theft, or other criminal act, a court may not award exemplary damages against a ...
- Texas Civil Practice & Remedies Code Section 41.006 - Award Specific To Defendant
In any action in which there are two or more defendants, an award of exemplary damages must be specific as to a defendant, and each ...
- Texas Civil Practice & Remedies Code Section 41.007 - Prejudgment Interest
Prejudgment interest may not be assessed or recovered on an award of exemplary damages. Added by Acts 1987, 70th Leg., 1st C.S., ch. 2, § ...
- Texas Civil Practice & Remedies Code Section 41.008 - Limitation On Amount Of Recovery
(a) In an action in which a claimant seeks recovery of damages, the trier of fact shall determine the amount of economic damages separately from ...
- Texas Civil Practice & Remedies Code Section 41.009 - Bifurcated Trial
(a) On motion by a defendant, the court shall provide for a bifurcated trial under this section. A motion under this subsection shall be made ...
- Texas Civil Practice & Remedies Code Section 41.010 - Considerations In Making Award
(a) Before making an award of exemplary damages, the trier of fact shall consider the definition and purposes of exemplary damages as provided by Section ...
- Texas Civil Practice & Remedies Code Section 41.0105 - Evidence Relating To Amount Of Economic Damages
In addition to any other limitation under law, recovery of medical or health care expenses incurred is limited to the amount actually paid or incurred ...
- Texas Civil Practice & Remedies Code Section 41.011 - Evidence Relating To Amount Of Exemplary Damages
(a) In determining the amount of exemplary damages, the trier of fact shall consider evidence, if any, relating to: (1) the nature of the wrong; ...
- Texas Civil Practice & Remedies Code Section 41.012 - Jury Instructions
In a trial to a jury, the court shall instruct the jury with regard to Sections 41.001, 41.003, 41.010, and 41.011. Added by Acts 1995, ...
- Texas Civil Practice & Remedies Code Section 41.013 - Judicial Review Of Award
(a) Except as provided for in Subsection (b), an appellate court that reviews the evidence with respect to a finding by a trier of fact ...
- Texas Civil Practice & Remedies Code Section 42.001 - Definitions
In this chapter: (1) "Claim" means a request, including a counterclaim, cross-claim, or third-party claim, to recover monetary damages. (2) "Claimant" means a person making ...
- Texas Civil Practice & Remedies Code Section 42.002 - Applicability And Effect
(a) The settlement procedures provided in this chapter apply only to claims for monetary relief. (b) This chapter does not apply to: (1) a class ...
- Texas Civil Practice & Remedies Code Section 42.003 - Making Settlement Offer
A settlement offer must: (1) be in writing; (2) state that it is made under this chapter; (3) state the terms by which the claims ...
- Texas Civil Practice & Remedies Code Section 42.004 - Awarding Litigation Costs
(a) If a settlement offer is made and rejected and the judgment to be rendered will be significantly less favorable to the rejecting party than ...
- Texas Civil Practice & Remedies Code Section 42.005 - Supreme Court To Make Rules
(a) The supreme court shall promulgate rules implementing this chapter. The rules must be limited to settlement offers made under this chapter. The rules must ...
- Texas Civil Practice & Remedies Code Section 51.001 - Appeal From Justice Court To County Or District Court
(a) In a case tried in justice court in which the judgment or amount in controversy exceeds $20, exclusive of costs, or in which the ...
- Texas Civil Practice & Remedies Code Section 51.002 - Certiorari From Justice Court
(a) After final judgment in a case tried in justice court in which the judgment or amount in controversy exceeds $20, exclusive of costs, a ...
- Texas Civil Practice & Remedies Code Section 51.011 - Appeal From County Or District Court After Certiorari From Justice Court
If a county or district court hears a case on certiorari from a justice court, a person may take an appeal or writ of error ...
- Texas Civil Practice & Remedies Code Section 51.012 - Appeal Or Writ Of Error To Court Of Appeals
In a civil case in which the judgment or amount in controversy exceeds $100, exclusive of interest and costs, a person may take an appeal ...
- Texas Civil Practice & Remedies Code Section 51.013 - Time For Taking Writ Of Error To Court Of Appeals
In a case in which a writ of error to the court of appeals is allowed, the writ of error may be taken at any ...
- Texas Civil Practice & Remedies Code Section 51.014 - Appeal From Interlocutory Order
(a) A person may appeal from an interlocutory order of a district court, county court at law, or county court that: (1) appoints a receiver ...
- Texas Civil Practice & Remedies Code Section 51.015 - Costs Of Appeal
In the case of an appeal brought pursuant to Section 51.014(6), if the order appealed from is affirmed, the court of appeals shall order the ...
- Texas Civil Practice & Remedies Code Section 52.001 - Definition
In this chapter, "security" means a bond or deposit posted, as provided by the Texas Rules of Appellate Procedure, by a judgment debtor to suspend ...
- Texas Civil Practice & Remedies Code Section 52.005 - Conflict With Texas Rules Of Appellate Procedure
(a) To the extent that this chapter conflicts with the Texas Rules of Appellate Procedure, this chapter controls. (b) Notwithstanding Section 22.004, Government Code, the ...
- Texas Civil Practice & Remedies Code Section 52.006 - Amount Of Security For Money Judgment
(a) Subject to Subsection (b), when a judgment is for money, the amount of security must equal the sum of: (1) the amount of compensatory ...
- Texas Civil Practice & Remedies Code Section 61.001 - General Grounds
A writ of original attachment is available to a plaintiff in a suit if: (1) the defendant is justly indebted to the plaintiff; (2) the ...
- Texas Civil Practice & Remedies Code Section 61.002 - Specific Grounds
Attachment is available if: (1) the defendant is not a resident of this state or is a foreign corporation or is acting as such; (2) ...
- Texas Civil Practice & Remedies Code Section 61.003 - Pending Suit Required
A writ of attachment may be issued in a proper case at the initiation of a suit or at any time during the progress of ...
- Texas Civil Practice & Remedies Code Section 61.004 - Available For Debt Not Due
A writ of attachment may be issued even though the plaintiff's debt or demand is not due. The proceedings relating to the writ shall be ...
- Texas Civil Practice & Remedies Code Section 61.005 - Certain Torts And Unliquidated Demands
Nothing in this chapter prevents issuance of a writ of attachment in a suit founded in tort or on an unliquidated demand against an individual, ...
- Texas Civil Practice & Remedies Code Section 61.021 - Who May Issue
The judge or clerk of a district or county court or a justice of the peace may issue a writ of original attachment returnable to ...
- Texas Civil Practice & Remedies Code Section 61.022 - Affidavit
(a) To apply for a writ of attachment, a plaintiff or his agent or attorney must file with the court an affidavit that states: (1) ...
- Texas Civil Practice & Remedies Code Section 61.023 - Bond
(a) Before a writ of attachment may be issued, the plaintiff must execute a bond that: (1) has two or more good and sufficient sureties; ...
- Texas Civil Practice & Remedies Code Section 61.041 - Subject Property
A writ of attachment may be levied only on property that by law is subject to levy under a writ of execution. Acts 1985, 69th ...
- Texas Civil Practice & Remedies Code Section 61.042 - Attachment Of Personalty
The officer attaching personal property shall retain possession until final judgment unless the property is: (1) replevied; (2) sold as provided by law; or (3) ...
- Texas Civil Practice & Remedies Code Section 61.043 - Attachment Of Realty
(a) To attach real property, the officer levying the writ shall immediately file a copy of the writ and the applicable part of the return ...
- Texas Civil Practice & Remedies Code Section 61.044 - Claim On Attached Personalty By Third Party
A person other than the defendant may claim attached personal property by making an affidavit and giving bond in the manner provided by law for ...
- Texas Civil Practice & Remedies Code Section 61.045 - Attachment Of Personalty Held By Financial Institution
Service of a writ of attachment on a financial institution relating to personal property held by the financial institution in the name of or on ...
- Texas Civil Practice & Remedies Code Section 61.061 - Attachment Lien
Unless quashed or vacated, an executed writ of attachment creates a lien from the date of levy on the real property attached, on the personal ...
- Texas Civil Practice & Remedies Code Section 61.062 - Judgment And Foreclosure
(a) If the plaintiff recovers in the suit, the attachment lien is foreclosed as in the case of other liens. The court shall direct proceeds ...
- Texas Civil Practice & Remedies Code Section 61.063 - Judgment On Replevied Property
A judgment against a defendant who has replevied attached personal property shall be against the defendant and his sureties on the replevy bond for the ...
- Texas Civil Practice & Remedies Code Section 61.081 - Exemption When En Route To Or In An Exhibition
(a) Subject to the limitations of this section, a court may not issue and a person may not serve any process of attachment, execution, sequestration, ...
- Texas Civil Practice & Remedies Code Section 61.082 - Handling And Transportation
A court may not issue any process of attachment, execution, sequestration, replevin, or distress or of any kind of seizure, levy, or sale on a ...
- Texas Civil Practice & Remedies Code Section 62.001 - Grounds
A writ of sequestration is available to a plaintiff in a suit if: (1) the suit is for title or possession of personal property or ...
- Texas Civil Practice & Remedies Code Section 62.002 - Pending Suit Required
A writ of sequestration may be issued at the initiation of a suit or at any time before final judgment. Acts 1985, 69th Leg., ch. ...
- Texas Civil Practice & Remedies Code Section 62.003 - Available For Claim Not Due
A writ of sequestration may be issued for personal property under a mortgage or a lien even though the right of action on the mortgage ...
- Texas Civil Practice & Remedies Code Section 62.021 - Who May Issue
A district or county court judge or a justice of the peace may issue writs of sequestration returnable to his court. Acts 1985, 69th Leg., ...
- Texas Civil Practice & Remedies Code Section 62.022 - Application
The application for a writ of sequestration must be made under oath and must set forth: (1) the specific facts stating the nature of the ...
- Texas Civil Practice & Remedies Code Section 62.023 - Required Statement Of Rights
(a) A writ of sequestration must prominently display the following statement on the face of the writ: YOU HAVE A RIGHT TO REGAIN POSSESSION OF ...
- Texas Civil Practice & Remedies Code Section 62.041 - Motion For Dissolution; Stay
(a) The defendant may seek dissolution of an issued writ of sequestration by filing a written motion with the court. (b) The right to seek ...
- Texas Civil Practice & Remedies Code Section 62.042 - Hearing On Motion
Unless the parties agree to an extension, the court shall conduct a hearing on the motion and determine the issue not later than the 10th ...
- Texas Civil Practice & Remedies Code Section 62.043 - Dissolution
(a) Following the hearing, the writ must be dissolved unless the party who secured its issuance proves the specific facts alleged and the grounds relied ...
- Texas Civil Practice & Remedies Code Section 62.044 - Compulsory Counterclaim For Wrongful Sequestration
(a) If a writ is dissolved, any action for damages for wrongful sequestration must be brought as a compulsory counterclaim. (b) In addition to damages, ...
- Texas Civil Practice & Remedies Code Section 62.045 - Wrongful Sequestration Of Consumer Goods
(a) If a writ that sought to sequester consumer goods is dissolved, the defendant or party in possession of the goods is entitled to reasonable ...
- Texas Civil Practice & Remedies Code Section 62.046 - Liability For Fruit Of Replevied Property
(a) In a suit for enforcement of a mortgage or lien on property, a defendant who replevies the property is not required to account for ...
- Texas Civil Practice & Remedies Code Section 62.061 - Officer's Liability And Duty Of Care
(a) An officer who executes a writ of sequestration shall care for and manage in a prudent manner the sequestered property he retains in custody. ...
- Texas Civil Practice & Remedies Code Section 62.062 - Compensation Of Officer
(a) An officer who retains custody of sequestered property is entitled to just compensation and reasonable charges to be determined by the court that issued ...
- Texas Civil Practice & Remedies Code Section 62.063 - Indemnification Of Officer For Money Spent
If an officer is required to expend money in the security, management, or care of sequestered property, he may retain possession of the property until ...
- Texas Civil Practice & Remedies Code Section 63.001 - Grounds
A writ of garnishment is available if: (1) an original attachment has been issued; (2) a plaintiff sues for a debt and makes an affidavit ...
- Texas Civil Practice & Remedies Code Section 63.002 - Who May Issue
The clerk of a district or county court or a justice of the peace may issue a writ of garnishment returnable to his court. Acts ...
- Texas Civil Practice & Remedies Code Section 63.003 - Effect Of Service
(a) After service of a writ of garnishment, the garnishee may not deliver any effects or pay any debt to the defendant. If the garnishee ...
- Texas Civil Practice & Remedies Code Section 63.004 - Current Wages Exempt
Except as otherwise provided by state or federal law, current wages for personal service are not subject to garnishment. The garnishee shall be discharged from ...
- Texas Civil Practice & Remedies Code Section 63.005 - Place For Trial
(a) If a garnishee other than a foreign corporation is not a resident of the county in which the original suit is pending or was ...
- Texas Civil Practice & Remedies Code Section 63.006 - Administrative Fee For Certain Costs Incurred By Employers
(a) An employer who is required by state or federal law to deduct from the current wages of an employee an amount garnished under a ...
- Texas Civil Practice & Remedies Code Section 63.007 - Garnishment Of Funds Held In Inmate Trust Fund
(a) A writ of garnishment may be issued against an inmate trust fund held under the authority of the Texas Department of Criminal Justice under ...
- Texas Civil Practice & Remedies Code Section 63.008 - Financial Institution As Garnishee
Service of a writ of garnishment on a financial institution named as the garnishee in the writ is governed by Section 59.008, Finance Code. Added ...
- Texas Civil Practice & Remedies Code Section 64.001 - Availability Of Remedy
(a) A court of competent jurisdiction may appoint a receiver: (1) in an action by a vendor to vacate a fraudulent purchase of property; (2) ...
- Texas Civil Practice & Remedies Code Section 64.002 - Persons Not Entitled To Appointment
(a) A court may not appoint a receiver for a corporation, partnership, or individual on the petition of the same corporation, partnership, or individual. (b) ...
- Texas Civil Practice & Remedies Code Section 64.003 - Foreign Appointment
A court outside this state may not appoint a receiver for: (1) a person who resides in this state and for whom appointment of a ...
- Texas Civil Practice & Remedies Code Section 64.004 - Application Of Equity Rules
Unless inconsistent with this chapter or other general law, the rules of equity govern all matters relating to the appointment, powers, duties, and liabilities of ...
- Texas Civil Practice & Remedies Code Section 64.021 - Qualifications; Residence Requirement
(a) To be appointed as a receiver for property that is located entirely or partly in this state, a person must: (1) be a citizen ...
- Texas Civil Practice & Remedies Code Section 64.022 - Oath
Before a person assumes the duties of a receiver, he must be sworn to perform the d |