CIVIL PRACTICE & REMEDIES CODE

CHAPTER 10. SANCTIONS FOR FRIVOLOUS PLEADINGS AND MOTIONS


	§ 10.001.  SIGNING OF PLEADINGS AND MOTIONS.  The signing 
of a pleading or motion as required by the Texas Rules of Civil 
Procedure constitutes a certificate by the signatory that to the 
signatory's best knowledge, information, and belief, formed after 
reasonable inquiry:
		(1)  the pleading or motion is not being presented for 
any improper purpose, including to harass or to cause unnecessary 
delay or needless increase in the cost of litigation;
		(2)  each claim, defense, or other legal contention in 
the pleading or motion is warranted by existing law or by a 
nonfrivolous argument for the extension, modification, or reversal 
of existing law or the establishment of new law;
		(3)  each allegation or other factual contention in the 
pleading or motion has evidentiary support or, for a specifically 
identified allegation or factual contention, is likely to have 
evidentiary support after a reasonable opportunity for further 
investigation or discovery;  and
		(4)  each denial in the pleading or motion of a factual 
contention is warranted on the evidence or, for a specifically 
identified denial, is reasonably based on a lack of information or 
belief.

Added by Acts 1995, 74th Leg., ch. 137, § 1, eff. Sept. 1, 1995.           


	§ 10.002.  MOTION FOR SANCTIONS.  (a)  A party may make a 
motion for sanctions, describing the specific conduct violating 
Section 10.001.
	(b)  The court on its own initiative may enter an order 
describing the specific conduct that appears to violate Section 
10.001 and direct the alleged violator to show cause why the conduct 
has not violated that section.
	(c)  The court may award to a party prevailing on a motion 
under this section the reasonable expenses and attorney's fees 
incurred in presenting or opposing the motion, and if no due 
diligence is shown the court may award to the prevailing party all 
costs for inconvenience, harassment, and out-of-pocket expenses 
incurred or caused by the subject litigation.

Added by Acts 1995, 74th Leg., ch. 137, § 1, eff. Sept. 1, 1995.           


	§ 10.003.  NOTICE AND OPPORTUNITY TO RESPOND.  The court 
shall provide a party who is the subject of a motion for sanctions 
under Section 10.002 notice of the allegations and a reasonable 
opportunity to respond to the allegations.

Added by Acts 1995, 74th Leg., ch. 137, § 1, eff. Sept. 1, 1995.           


	§ 10.004.  VIOLATION;  SANCTION.  (a)  A court that 
determines that a person has signed a pleading or motion in 
violation of Section 10.001 may impose a sanction on the person, a 
party represented by the person, or both.
	(b)  The sanction must be limited to what is sufficient to 
deter repetition of the conduct or comparable conduct by others 
similarly situated.
	(c)  A sanction may include any of the following:                              
		(1)  a directive to the violator to perform, or refrain 
from performing, an act;
		(2)  an order to pay a penalty into court;  and                               
		(3)  an order to pay to the other party the amount of 
the reasonable expenses incurred by the other party because of the 
filing of the pleading or motion, including reasonable attorney's 
fees.
	(d)  The court may not award monetary sanctions against a 
represented party for a violation of Section 10.001(2).
	(e)  The court may not award monetary sanctions on its own 
initiative unless the court issues its order to show cause before a 
voluntary dismissal or settlement of the claims made by or against 
the party or the party's attorney who is to be sanctioned.
	(f)  The filing of a general denial under Rule 92, Texas 
Rules of Civil Procedure, shall not be deemed a violation of this 
chapter.

Added by Acts 1995, 74th Leg., ch. 137, § 1, eff. Sept. 1, 1995.           


	§ 10.005.  ORDER.  A court shall describe in an order 
imposing a sanction under this chapter the conduct the court has 
determined violated Section 10.001 and explain the basis for the 
sanction imposed.

Added by Acts 1995, 74th Leg., ch. 137, § 1, eff. Sept. 1, 1995.           


	§ 10.006.  CONFLICT.  Notwithstanding Section 22.004, 
Government Code, the supreme court may not amend or adopt rules in 
conflict with this chapter.

Added by Acts 1995, 74th Leg., ch. 137, § 1, eff. Sept. 1, 1995.