law-sanctions-Rule-13-TRCP-13 Tex. R. Civ. P. 13 |
The trial court may impose a sanction under Rule 13 only for good cause, "the particulars of which must be
stated in the sanction order." Tex. R. Civ. P. 13. Generally, a court order of attorney's fees and costs under Rule
13 is to be specific and must explain what is being ordered and why — "particulars" that constitute good cause
must be stated in the sanction order. See Tex. R. Civ. P. 13; see also Campos v. Ysleta Gen. Hosp., Inc., 879 S.
W.2d 67, 69 (Tex. App.-El Paso 1994, writ denied).
RULE 13. EFFECT OF SIGNING PLEADINGS, MOTIONS AND OTHER PAPERS;
The signatures of attorneys or parties constitute a certificate by them that they have read the pleading,
motion, or other paper; that to the best of their knowledge, information, and belief formed after
reasonable inquiry the instrument is not groundless and brought in bad faith or groundless and
brought for the purpose of harassment. Attorneys or parties who shall bring a fictitious suit as an
experiment to get an opinion of the court, or who shall file any fictitious pleading in a cause for such
a purpose, or shall make statements in pleading which they know to be groundless and false, for the
purpose of securing a delay of the trial of the cause, shall be held guilty of a contempt. If a pleading,
motion or other paper is signed in violation of this rule, the court, upon motion or upon its own
initiative, after notice and hearing, shall impose an appropriate sanction available under Rule 215-2b,
upon the person who signed it, a represented party, or both.
Courts shall presume that pleadings, motions, and other papers are filed in good faith. No sanctions
under this rule may be imposed except for good cause, the particulars of which must be stated in the
sanction order. "Groundless" for purposes of this rule means no basis in law or fact and not
warranted by good faith argument for the extension, modification, or reversal of existing law. A
general denial does not constitute a violation of this rule. The amount requested for damages does
not constitute a violation of this rule.
215.2 Failure to Comply with Order or with Discovery Request.
(a) Sanctions by court in district where deposition is taken. If a deponent fails to appear or
to be sworn or to answer a question after being directed to do so by a district court in the
district in which the deposition is being taken, the failure may be considered a contempt of
(b) Sanctions by court in which action is pending. If a party or an officer, director, or
managing agent of a party or a person designated under Rules 199.2(b)(1) or 200.1(b) to
testify on behalf of a party fails to comply with proper discovery requests or to obey an order
to provide or permit discovery, including an order made under Rules 204 or 215.1, the court
in which the action is pending may, after notice and hearing, make such orders in regard to
the failure as are just, and among others the following:
(1) an order disallowing any further discovery of any kind or of a particular kind by the
(2) an order charging all or any portion of the expenses of discovery or taxable court
costs or both against the disobedient party or the attorney advising him;
(3) an order that the matters regarding which the order was made or any other designated
facts shall be taken to be established for the purposes of the action in accordance with
the claim of the party obtaining the order;
(4) an order refusing to allow the disobedient party to support or oppose designated
claims or defenses, or prohibiting him from introducing designated matters in
(5) an order striking out pleadings or parts thereof, or staying further proceedings until
the order is obeyed, or dismissing with or without prejudice the action or proceedings
or any part thereof, or rendering a judgment by default against the disobedient party;
(6) in lieu of any of the foregoing orders or in addition thereto, an order treating as a
contempt of court the failure to obey any orders except an order to submit to a
physical or mental examination;
(7) when a party has failed to comply with an order under Rule 204 requiring him to
appear or produce another for examination, such orders as are listed in paragraphs
(1), (2), (3), (4) or (5) of this subdivision, unless the person failing to comply shows
that he is unable to appear or to produce such person for examination.
(8) In lieu of any of the foregoing orders or in addition thereto, the court shall require the
party failing to obey the order or the attorney advising him, or both, to pay, at such
time as ordered by the court, the reasonable expenses, including attorney fees, caused
by the failure, unless the court finds that the failure was substantially justified or that
other circumstances make an award of expenses unjust. Such an order shall be
subject to review on appeal from the final judgment.
(c) Sanction against nonparty for violation of Rules 196.7 or 205.3. If a nonparty fails to
comply with an order under Rules 196.7 or 205.3, the court which made the order may treat
the failure to obey as contempt of court.
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