§ 9.012.Violation; Sanction

The operative section, and its final subsection is the one to read first.

Subsection (h): this section does not apply to any proceeding to which Section 10.004 or Rule 13 of the Texas Rules of Civil Procedure applies.

Rule 13 governs the signing of pleadings in every civil case in Texas. Between it and the later sanctions chapter, the ground this section covers is occupied — which is why practitioners reach for Rule 13 or chapter 10 and rarely for this.

What the section provides, where it does apply, is procedurally distinctive.

The court may act on its own motion and shall act on a party’s motion, at trial or at any hearing inquiring into the facts and law, after reasonable notice.

Four things must be taken into account: the multiplicity of parties, the complexity of the claims and defenses, the length of time available to investigate and conduct discovery, and affidavits, depositions, and any other relevant matter.

The third is the fairest of them. A pleading filed against a limitations deadline is judged against the inquiry that was possible in the time available.

Sanctions may not be imposed earlier than 90 days after the determination, and expenses may not be ordered if within those 90 days the offending party withdraws the pleading, amends it to the court’s satisfaction, or moves to dismiss it.

That is a long safe harbour — three months to undo the pleading after a court has already found it violated the standard.

Available sanctions are three: striking the pleading or the offending portion, dismissal of a party, or payment of reasonable expenses including costs, attorney’s fees, witness fees, expert fees, and deposition expenses.

Two further limits close the section. Expenses may not be ordered where the court has already sanctioned the opposing party on the same subject matter under the rules. And all determinations are solely for purposes of this chapter, forming no basis for other liability or grievance.