Texas Civil Practice and Remedies Code 14A.051 – Dismissal of False, Frivolous, or Malicious Claim
(a) A court may dismiss a claim, either before or after service of process, if the court finds that:
(1) the allegation of poverty in the affidavit or unsworn declaration is false;
(2) the claim is frivolous or malicious; or
(3) the civilly committed individual filed an affidavit or unsworn declaration required by this chapter that the individual knew was false.
(b) In determining whether a claim is frivolous or malicious, the court may consider whether:
(1) the claim’s realistic chance of ultimate success is slight;
(2) the claim has no arguable basis in law or in fact;
(3) it is clear that the civilly committed individual cannot prove the facts in support of the claim; or
(4) the claim is substantially similar to a previous claim filed by the civilly committed individual because the claim arises from the same operative facts.
Terms Used In Texas Civil Practice and Remedies Code 14A.051
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Affidavit: means a statement in writing of a fact or facts signed by the party making it, sworn to before an officer authorized to administer oaths, and officially certified to by the officer under his seal of office. See Texas Government Code 312.011
- Allegation: something that someone says happened.
- Contract: A legal written agreement that becomes binding when signed.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Service of process: The service of writs or summonses to the appropriate party.
(c) In determining whether Subsection (a) applies, the court may hold a hearing. The hearing may be held before or after service of process, and it may be held on motion of the court, a party, or the court clerk.
(d) On the filing of a motion under Subsection (c), the court shall suspend discovery relating to the claim pending the hearing.
(e) A court that dismisses a claim brought by a civilly committed individual housed in a facility operated by or under contract with the office may notify the office of the dismissal and, on the court’s own motion or the motion of any party or the court clerk, may advise the office that a mental health evaluation of the individual may be appropriate.