§ 10.001.Signing of Pleadings and Motions

The Texas counterpart to Federal Rule 11, and the four certifications are independent of one another.

The signing of a pleading or motion as required by the Texas Rules of Civil Procedure constitutes a certificate by the signatory that, to the best of that person’s knowledge, information, and belief, formed after reasonable inquiry, four things are true.

First, purpose. The pleading is not being presented for any improper purpose, including to harass or to cause unnecessary delay or needless increase in the cost of litigation.

Second, law. Each claim, defense, or other legal contention is warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law.

Third, facts. Each allegation or other factual contention has evidentiary support, or — for a specifically identified allegation — is likely to have evidentiary support after a reasonable opportunity for further investigation or discovery.

Fourth, denials. Each denial of a factual contention is warranted on the evidence or, for a specifically identified denial, is reasonably based on a lack of information or belief.

Independence is what separates this from the older chapter, where a pleading had to be groundless and filed in bad faith. Here a well-founded claim filed to harass violates the first certification on its own.

"Specifically identified" is a drafting instruction with teeth. The protection for allegations awaiting discovery, and for denials made on lack of information, is available only where the pleading marks which ones they are. A blanket statement that some allegations may need discovery does not qualify.

"Nonfrivolous" is a lower bar than a winning argument, and it is what keeps the section from penalising a good faith attempt to change the law.