Defendants have a new weapon for seeking a quick dismissal based on the pleadings. Texas Rule of Civil Procedure 91a, which provides for dismissal of baseless causes of action, was effective on March 31. However, before using the rule, defense counsel first should consider its risks and benefits in relation to other means of securing a dismissal.
Here are the basic provisions of Rule 91a. It requires a court to dismiss an action within 45 days after a motion is filed, if that cause of action has no basis in law or fact. The motion to dismiss must be filed within 60 days after service of the cause of action.
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