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Texas Civil Practice and Remedies Code

§ 65.044 — CONTEST OF AFFIDAVIT

CP § 65.044Title 3. EXTRAORDINARY REMEDIES · Ch. 65. INJUNCTION · Art. E. APPLICANT'S BOND FOR TEMPORARY RESTRAINING ORDER OR TEMPORARY INJUNCTION

Statute text

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(a)A party may not contest an affidavit filed by an applicant for a temporary restraining order as provided by Section 65.041.
(b)A party may contest an affidavit filed by an applicant for a temporary injunction as provided by Section 65.042:
(1)after service of a temporary restraining order in the case; or
(2)if a temporary restraining order was not applied for or issued, after service of notice of the hearing on the application for the temporary injunction.
(c)A party contests an affidavit by filing a written motion and giving notice to all parties of the motion in accordance with Rule 21a of the Texas Rules of Civil Procedure.
(d)The court shall hear the contest at the hearing on the application for a temporary injunction and determine whether the applicant is financially able to execute a bond against the adverse party as required by the Texas Rules of Civil Procedure. In making its determination, the court may not consider:
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Legislative history

Added by Acts 1989, 71st Leg., ch. 391, Sec. 1, eff. Aug. 28, 1989.

Source: Texas Civil Practice and Remedies Code § 65.044 from the Texas Constitution and Statutes (Texas Legislature) (public record). DecisionDepot is for informational use only and is not legal advice — verify against the official source before relying on this text.