Texas Civil Practice and Remedies Code 105.003 – Motion of Frivolous Claim
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(a) To recover under § 105.002, the party must file a written motion alleging that the agency’s claim is frivolous. The motion may be filed at any time after the filing of the pleadings in which the agency’s cause of action is alleged.
(b) The motion must set forth the facts that justify the party’s claim.
Terms Used In Texas Civil Practice and Remedies Code 105.003
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) The motion must state that if the action is dismissed or judgment is awarded to the party, the party intends to submit a motion to the court to recover fees, expenses, and reasonable attorney’s fees.