Texas Civil Practice and Remedies Code 11.103 – Duties of Clerk
Current as of: 2024 | Check for updates
|
Other versions
(a) Except as provided by Subsection (d), a clerk of a court may not file a litigation, original proceeding, appeal, or other claim presented, pro se, by a vexatious litigant subject to a prefiling order under § 11.101 unless the litigant obtains an order from the appropriate local administrative judge described by § 11.102(a) permitting the filing.
(b) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1224, Sec. 10, eff. September 1, 2013.
Terms Used In Texas Civil Practice and Remedies Code 11.103
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(c) If the appropriate local administrative judge described by § 11.102(a) issues an order permitting the filing of the litigation, the litigation remains stayed and the defendant need not plead until the 10th day after the date the defendant is served with a copy of the order.
(d) A clerk of a court of appeals may file an appeal from a prefiling order entered under § 11.101 designating a person a vexatious litigant or a timely filed writ of mandamus under § 11.102.