Holdsworth & Inkwell
Texas Rule 91a Motion to Dismiss
Texas

Texas Rule 91a Motion to Dismiss

Instructions

Working With This Motion

File within 60 days after the first pleading containing the challenged cause of action is served on the movant. The court must rule within 45 days after the motion is filed, unless the responding party amends the challenged pleading at least 3 days before the hearing, in which case the movant may withdraw or amend the motion. Costs and reasonable attorney's fees are recoverable by the prevailing party under Rule 91a.7, subject to the court's discretion. Pleadings in family law cases by self-represented parties are exempt under Rule 91a.1. Verify the rule has not been amended since this form's last update by checking the Texas Supreme Court's published amendments before filing.

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Format
DOCX
Size
55 KB
Updated
September 18, 2024

The information on this page is provided for general informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship. Consult a licensed attorney about your specific situation.

Where the form leaves off.

Questions Before You File

Rule 91a fits some claims and not others, and the 60-day window leaves little room to reconsider once filed. If your matter raises a question this form doesn't answer, we're glad to talk it through. For other Texas filings, browse the full Texas Law Forms library.