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Tex. Civ. Prac. & Rem. Code § 38.003

PRESUMPTION

Applied in 33 court decisions — leading case American Home Assurance Company v. United Space Alliance Llc (2004)

Most recently applied in Scott Pelley P.C. v. Wynne (June 2019)

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff

How often courts cite this section

1988199020002010201940
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

It is presumed that the usual and customary attorney's fees for a claim of the type described in Section 38.001 are reasonable. The presumption may be rebutted.

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