Texas Civil Practice and Remedies Code

§ 11.054 — CRITERIA FOR FINDING PLAINTIFF A VEXATIOUS LITIGANT

CP § 11.054Title 2. TRIAL, JUDGMENT, AND APPEAL · Part A. GENERAL PROVISIONS · Ch. 11. VEXATIOUS LITIGANTS · Art. B. VEXATIOUS LITIGANTS

Statute text

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A court may find a plaintiff a vexatious litigant if the defendant shows that there is not a reasonable probability that the plaintiff will prevail in the litigation against the defendant and that:

(1)the plaintiff, in the seven-year period immediately preceding the date the defendant makes the motion under Section 11.051, has commenced, prosecuted, or maintained at least five litigations as a pro se litigant other than in a small claims court that have been:

(A)finally determined adversely to the plaintiff;

(B)permitted to remain pending at least two years without having been brought to trial or hearing; or

(C)determined by a trial or appellate court to be frivolous or groundless under state or federal laws or rules of procedure;

(2)after a litigation has been finally determined against the plaintiff, the plaintiff repeatedly relitigates or attempts to relitigate, pro se, either:

…

Legislative history

Acts 2013, 83rd Leg., R.S., Ch. 1224 (S.B. 1630), Sec. 3, eff. September 1, 2013.