Texas Civil Practice and Remedies Code 90.056 – Response to Motion to Stay
(a) Not later than the 14th day after the date the defendant files a motion to stay under § 90.055 or the date provided by court order under § 90.052(b), the claimant may file a response:
(1) stating and providing proof that the claimant has made a trust claim identified in the defendant’s motion and served the notice of, and trust claim material relating to, the claim as prescribed by § 90.053; or
(2) requesting a determination by the court that the fees and expenses, including attorney’s fees, for filing a trust claim identified in the motion exceed the claimant’s reasonably anticipated recovery from the trust.
(b) If the claimant files a response making a request under Subsection (a)(2), the court shall determine whether the claimant’s fees and expenses, including attorney’s fees, for making the relevant trust claim exceed the claimant’s reasonably anticipated recovery from the trust. If the court determines that the claimant’s fees and expenses exceed the claimant’s reasonably anticipated recovery, the claimant is not required to make the trust claim but shall provide the court with a verified statement of the exposed person‘s exposure history to asbestos or silica that is covered by the trust.
Terms Used In Texas Civil Practice and Remedies Code 90.056
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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