CHAPTER 9. FRIVOLOUS PLEADINGS AND CLAIMS
CIVIL PRACTICE AND REMEDIES CODE
TITLE 2. TRIAL, JUDGMENT, AND APPEAL
SUBTITLE A. GENERAL PROVISIONS
CHAPTER 9. FRIVOLOUS PLEADINGS AND CLAIMS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 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 which a
party seeks recovery of damages for injury to another person,
damage to the property of another person, death of another
person, or other harm to another person, "claimant" includes both
that other person and the party seeking recovery of damages.
(2) "Defendant" means a party, including a counterdefendant,
cross-defendant, or third-party defendant, from whom a claimant
seeks relief.
(3) "Groundless" means:
(A) no basis in fact; or
(B) not warranted by existing law or a good faith argument for
the extension, modification, or reversal of existing law.
(4) "Pleading" includes a motion.
Added by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 2.01, eff.
Sept. 2, 1987.
Sec. 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 theories or statutes on the basis of
which recovery is sought, including an action based on
intentional conduct, negligence, strict tort liability, products
liability (whether strict or otherwise), or breach of warranty;
or
(2) damages other than for personal injury, property damage, or
death resulting from any tortious conduct, regardless of the
legal theories or statutes on the basis of which recovery is
sought, including libel, slander, or tortious interference with a
contract or other business relation.
(b) This chapter applies to any party who is a claimant or
defendant, including but not limited to:
(1) a county;
(2) a municipality;
(3) a public school district;
(4) a public junior college district;
(5) a charitable organization;
(6) a nonprofit organization;
(7) a hospital district;
(8) a hospital authority;
(9) any other political subdivision of the state; and
(10) the State of Texas.
(c) In an action to which this chapter applies, the provisions
of this chapter prevail over all other law to the extent of any
conflict.
Added by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 2.01, eff.
Sept. 2, 1987.
Sec. 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 C.S., ch. 2, Sec. 2.01, eff.
Sept. 2, 1987.
Sec. 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 Code.
Added by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 2.01, eff.
Sept. 2, 1987.
SUBCHAPTER B. SIGNING OF PLEADINGS
Sec. 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
knowledge, information, and belief, formed after reasonable
inquiry, the pleading is not:
(1) groundless and brought in bad faith;
(2) groundless and brought for the purpose of harassment; or
(3) groundless and interposed for any improper purpose, such as
to cause unnecessary delay or needless increase in the cost of
litigation.
Added by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 2.01, eff.
Sept. 2, 1987.
Sec. 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 parties, the court may on
its own motion, or shall on the motion of any party to the
action, determine if a pleading has been signed in violation of
any one of the standards prescribed by Section 9.011.
(b) In making its determination of whether a pleading has been
signed in violation of any one of the standards prescribed by
Section 9.011, the court shall take into account:
(1) the multiplicity of parties;
(2) the complexity of the claims and defenses;
(3) the length of time available to the party to investigate and
conduct discovery; and
(4) affidavits, depositions, and any other relevant matter.
(c) If the court determines that a pleading has been signed in
violation of any one of the standards prescribed by Section
9.011, the court shall, not earlier than 90 days after the date
of the determination, at the trial or hearing or at a separate
hearing following reasonable notice to the offending party,
impose an appropriate sanction on the signatory, a represented
party, or both.
(d) The court may not order an offending party to pay the
incurred expenses of a party who stands in opposition to the
offending pleading if, before the 90th day after the court makes
a determination under Subsection (a), the offending party
withdraws the pleading or amends the pleading to the satisfaction
of the court or moves for dismissal of the pleading or the
offending portion of the pleading.
(e) The sanction may include one or more of the following:
(1) the striking of a pleading or the offending portion thereof;
(2) the dismissal of a party; or
(3) an order to pay to a party who stands in opposition to the
offending pleading the amount of the reasonable expenses incurred
because of the filing of the pleading, including costs,
reasonable attorney's fees, witness fees, fees of experts, and
deposition expenses.
(f) The court may not order an offending party to pay the
incurred expenses of a party who stands in opposition to the
offending pleading if the court has, with respect to the same
subject matter, imposed sanctions on the party who stands in
opposition to the offending pleading under the Texas Rules of
Civil Procedure.
(g) All determinations and orders pursuant to this chapter are
solely for purposes of this chapter and shall not be the basis of
any liability, sanction, or grievance other than as expressly
provided in this chapter.
(h) This section does not apply to any proceeding to which
Section 10.004 or Rule 13, Texas Rules of Civil Procedure,
applies.
Added by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 2.01, eff.
Sept. 2, 1987. Amended by Acts 1999, 76th Leg., ch. 1111, Sec. 1,
eff. Sept. 1, 1999.
Sec. 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 pleading in violation of any one of the standards
under Section 9.011, and the court finds that the attorney has
consistently engaged in activity that results in sanctions under
Section 9.012, the court shall report its finding to an
appropriate grievance committee as provided by the State Bar Act
(Article 320a-1, Vernon's Texas Civil Statutes) or by a similar
law in the jurisdiction in which the attorney resides.
(b) The report must contain:
(1) the name of the attorney who represented the offending
party;
(2) the finding by the court that the pleading was signed in
violation of any one of the standards under Section 9.011;
(3) a description of the sanctions imposed against the signatory
and the offending party; and
(4) the finding that the attorney has consistently engaged in
activity that results in sanctions under Section 9.012.
Added by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 2.01, eff.
Sept. 2, 1987.
Sec. 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 a pleading does not
constitute a violation of any of the standards prescribed by
Section 9.011.
Added by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 2.01, eff.
Sept. 2, 1987.