Skip to content

Early Dismissal Rules Submitted to the Texas Supreme Court

by Joshua A. Green, JD, MPH on December 30th, 2011

The final version of the proposed early dismissal rules have been submitted to the Texas Supreme Court. After making some key changes to the initial draft, the Texas Supreme Court Advisory Committee met for a second time on December 9th and submitted a final version to the Supreme Court.

The Committee again focused on how to define the phrase “no basis in law or fact.” The Advisory Committee settled on the following language: “On motion a court must dismiss a claim that has no basis in fact or that is not supported by existing law or by a reasonable argument for extending, modifying, or reversing existing law.”

The Advisory Committee also established a process for a court to decide such motions that closely resembles its federal counterpart. As with the federal standard, Texas state courts are not to consider evidence (with the exception of attorney’s fees) outside of the pleadings of the non-moving party. The proposed Texas rules require courts to accept as true all allegations in the challenged pleading unless a reasonable person could not believe them.

The proposed rules also: describe the timeline for submitting such motions; establish a right to a hearing upon request of either party; allow the parties to amend or withdraw both the motion and the challenged pleading prior to the submission or hearing date; and require the awarding of attorney’s fees to the prevailing party.

Share and Enjoy:
  • Twitter
  • Facebook
  • Google Buzz
  • LinkedIn
  • Google Bookmarks
  • email

From → Misc.