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Tex. Civ. Prac. & Rem. Code § 30.017

CLAIMS AGAINST CERTAIN JUDGES

Applied in 2 court decisions — leading case In Re Lincoln (2003)

Most recently applied in Roach v. Ingram (June 2018)

Added by Acts 1999, 76th Leg., ch. 608, Sec. 1, eff

(a) A claim against a district court, statutory probate court, statutory county court, or business court judge that is added to a case pending in the court to which the judge was elected or appointed:

(1) must be made under oath;

(2) may not be based solely on the rulings in the pending case but must plead specific facts supporting each element of the claim in addition to the rulings in the pending case; and

(3) is automatically severed from the case.

(b) The clerk of the court shall assign the claim a new cause number, and the party making the claim shall pay the filing fees.

(c) The presiding judge of the administrative region, the presiding judge of the statutory probate courts, or the administrative presiding judge of the business court shall assign the severed claim to a different judge. The judge shall dismiss the claim if the claim does not satisfy the requirements of Subsection (a)(1) or (2).

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.