Texas Insurance Code 1551.361 – Diligent Prosecution of Suit
Current as of: 2024 | Check for updates
|
Other versions
Terms Used In Texas Insurance Code 1551.361
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Service of process: The service of writs or summonses to the appropriate party.
- Year: means 12 consecutive months. See Texas Government Code 311.005
The plaintiff shall prosecute with reasonable diligence any suit brought under § 1551.359. If the plaintiff does not secure proper service of process or does not prosecute the suit within one year after it is filed, the court shall presume that the suit has been abandoned. The court shall dismiss the suit on a motion for dismissal made on or behalf of the Employees Retirement System of Texas, unless the plaintiff, after receiving appropriate notice, shows good cause for the delay.