2005 Texas Civil Practice & Remedies Code CHAPTER 10. SANCTIONS FOR FRIVOLOUS PLEADINGS AND MOTIONS
CIVIL PRACTICE & REMEDIES CODE CHAPTER 10. SANCTIONS FOR FRIVOLOUS PLEADINGS AND MOTIONS§ 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 signatory's best knowledge, information, and belief, formed after reasonable inquiry: (1) the pleading or motion is not being presented for any improper purpose, including to harass or to cause unnecessary delay or needless increase in the cost of litigation; (2) each claim, defense, or other legal contention in the pleading or motion is warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law; (3) each allegation or other factual contention in the pleading or motion has evidentiary support or, for a specifically identified allegation or factual contention, is likely to have evidentiary support after a reasonable opportunity for further investigation or discovery; and (4) each denial in the pleading or motion of a factual contention is warranted on the evidence or, for a specifically identified denial, is reasonably based on a lack of information or belief. Added by Acts 1995, 74th Leg., ch. 137, § 1, eff. Sept. 1, 1995. § 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 an order describing the specific conduct that appears to violate Section 10.001 and direct the alleged violator to show cause why the conduct has not violated that section. (c) The court may award to a party prevailing on a motion under this section the reasonable expenses and attorney's fees incurred in presenting or opposing the motion, and if no due diligence is shown the court may award to the prevailing party all costs for inconvenience, harassment, and out-of-pocket expenses incurred or caused by the subject litigation. Added by Acts 1995, 74th Leg., ch. 137, § 1, eff. Sept. 1, 1995. § 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 opportunity to respond to the allegations. Added by Acts 1995, 74th Leg., ch. 137, § 1, eff. Sept. 1, 1995. § 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 person, a party represented by the person, or both. (b) The sanction must be limited to what is sufficient to deter repetition of the conduct or comparable conduct by others similarly situated. (c) A sanction may include any of the following: (1) a directive to the violator to perform, or refrain from performing, an act; (2) an order to pay a penalty into court; and (3) an order to pay to the other party the amount of the reasonable expenses incurred by the other party because of the filing of the pleading or motion, including reasonable attorney's fees. (d) The court may not award monetary sanctions against a represented party for a violation of Section 10.001(2). (e) The court may not award monetary sanctions on its own initiative unless the court issues its order to show cause before a voluntary dismissal or settlement of the claims made by or against the party or the party's attorney who is to be sanctioned. (f) The filing of a general denial under Rule 92, Texas Rules of Civil Procedure, shall not be deemed a violation of this chapter. Added by Acts 1995, 74th Leg., ch. 137, § 1, eff. Sept. 1, 1995. § 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 basis for the sanction imposed. Added by Acts 1995, 74th Leg., ch. 137, § 1, eff. Sept. 1, 1995. § 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., ch. 137, § 1, eff. Sept. 1, 1995.
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