Texas § CP.27.003 - MOTION TO DISMISS

Full text of Texas The Texas Constitution § CP.27.003 — MOTION TO DISMISS, with citation guidance and answers to common questions.

§ CP.27.003. MOTION TO DISMISS

MOTION TO DISMISS. (a) If a legal action is based on or is in response to a party's exercise of the right of free speech, right to petition, or right of association or arises from any act of that party in furtherance of the party's communication or conduct described by Section 27.010 (b), that party may file a motion to dismiss the legal action. A party under this section does not include a government entity, agency, or an official or employee acting in an official capacity. (b) A motion to dismiss a legal action under this section must be filed not later than the 60th day after the date of service of the legal action. The parties, upon mutual agreement, may extend the time to file a motion under this section or the court may extend the time to file a motion under this section on a showing of good cause. (c) Except as provided by Section 27.006 (b), on the filing of a motion under this section, all discovery in the legal action is suspended until the court has ruled on the motion to dismiss. (d) The moving party shall provide written notice of the date and time of the hearing under Section 27.004 not later than 21 days before the date of the hearing unless otherwise provided by agreement of the parties or an order of the court. (e) A party responding to the motion to dismiss shall file the response, if any, not later than seven days before the date of the hearing on the motion to dismiss unless otherwise provided by an agreement of the parties or an order of the court. Added by Acts 2011, 82nd Leg., R.S., Ch. 341 (H.B. 2973 ), Sec. 2, eff. June 17, 2011. Amended by: Acts 2019, 86th Leg., R.S., Ch. 378 (H.B. 2730 ), Sec. 2, eff. September 1, 2019.

Frequently Asked Questions About Texas § CP.27.003

What does The Texas Constitution § CP.27.003 cover?

Section CP.27.003 ("MOTION TO DISMISS") is part of the The Texas Constitution, the codified statutory law of Texas. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Texas § CP.27.003?

A common citation format is "The Texas Constitution § CP.27.003" (Texas). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Texas law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Texas official source linked on this page or consult a licensed Texas attorney.

How does Texas § CP.27.003 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Texas can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Texas.