Texas Civil Practice and Remedies Code

§ 14.003 — DISMISSAL OF CLAIM

CP § 14.003Title 2. TRIAL, JUDGMENT, AND APPEAL · Part A. GENERAL PROVISIONS · Ch. 14. INMATE LITIGATION

(a)A court may dismiss a claim, either before or after service of process, if the court finds that:

(1)the allegation of poverty in the affidavit or unsworn declaration is false;

(2)the claim is frivolous or malicious; or

(3)the inmate filed an affidavit or unsworn declaration required by this chapter that the inmate knew was false.

(b)In determining whether a claim is frivolous or malicious, the court may consider whether:

(1)the claim's realistic chance of ultimate success is slight;

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Legislative history

Added by Acts 1995, 74th Leg., ch. 378, Sec. 2, eff. June 8, 1995.