Texas Civil Practice and Remedies Code

§ 9.012 — VIOLATION; SANCTION

CP § 9.012Title 2. TRIAL, JUDGMENT, AND APPEAL · Part A. GENERAL PROVISIONS · Ch. 9. FRIVOLOUS PLEADINGS AND CLAIMS · Art. B. SIGNING OF PLEADINGS

Statute text

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(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.

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Legislative history

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.