Texas § CP.14.003 - DISMISSAL OF CLAIM

§ CP.14.003. DISMISSAL OF CLAIM

DISMISSAL OF CLAIM. (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; (2) the claim has no arguable basis in law or in fact; (3) it is clear that the party cannot prove facts in support of the claim; or (4) the claim is substantially similar to a previous claim filed by the inmate because the claim arises from the same operative facts. (c) In determining whether Subsection (a) applies, the court may hold a hearing. The hearing may be held before or after service of process, and it may be held on motion of the court, a party, or the clerk of the court. (d) On the filing of a motion under Subsection (c), the court shall suspend discovery relating to the claim pending the hearing. (e) A court that dismisses a claim brought by a person housed in a facility operated by or under contract with the department may notify the department of the dismissal and, on the court's own motion or the motion of any party or the clerk of the court, may advise the department that a mental health evaluation of the inmate may be appropriate. Added by Acts 1995, 74th Leg., ch. 378, Sec. 2, eff. June 8, 1995.