§ 27.005. Ruling | Statutes | Westlaw

§ 27.005. Ruling | Statutes | Westlaw

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§ 27.005. Ruling

TX CIV PRAC & REM § 27.005Vernon's Texas Statutes and Codes AnnotatedCivil Practice and Remedies CodeEffective: September 1, 2019 (Approx. 5 pages)

§ 27.005. Ruling

TX CIV PRAC & REM § 27.005Vernon's Texas Statutes and Codes AnnotatedCivil Practice and Remedies CodeEffective: September 1, 2019 (Approx. 5 pages)

Vernon's Texas Statutes and Codes Annotated
Civil Practice and Remedies Code (Refs & Annos)
Title 2. Trial, Judgment, and Appeal
Subtitle B. Trial Matters
Chapter 27. Actions Involving the Exercise of Certain Constitutional Rights (Refs & Annos)
Effective: September 1, 2019
V.T.C.A., Civil Practice & Remedies Code § 27.005
§ 27.005. Ruling
Currentness
(a) The court must rule on a motion under Section 27.003 not later than the 30th day following the date the hearing on the motion concludes.
(b) Except as provided by Subsection (c), on the motion of a party under Section 27.003, a court shall dismiss a legal action against the moving party if the moving party demonstrates that the legal action is based on or is in response to:
(1) the party's exercise of:
(A) the right of free speech;
(B) the right to petition; or
(C) the right of association; or
(2) the act of a party described by Section 27.010(b).
(c) The court may not dismiss a legal action under this section if the party bringing the legal action establishes by clear and specific evidence a prima facie case for each essential element of the claim in question.
(d) Notwithstanding the provisions of Subsection (c), the court shall dismiss a legal action against the moving party if the moving party establishes an affirmative defense or other grounds on which the moving party is entitled to judgment as a matter of law.

Credits

V. T. C. A., Civil Practice & Remedies Code § 27.005, TX CIV PRAC & REM § 27.005
Current through the end of the 2023 Regular, Second, Third and Fourth Called Sessions of the 88th Legislature, and the Nov. 7, 2023 general election.
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