LegalFix
Select your state

Civil procedure

sanctions, contempt

Courts generally presume that a lawsuit has been filed in good faith, and a party moving for sanctions against the party who filed a lawsuit or claim must overcome this presumption to prove abuse of the judicial process. Thus, courts distinguish between (1) claims that are ultimately found to be merely groundless (and thus not sanctionable) and (2) claims that are ultimately found to be both groundless and brought in bad faith or for the purpose of harassment (and thus sanctionable). The sanctions rules generally do not require a party or its attorney to be right; they require the party or its attorney to make a reasonable inquiry into the facts and the laws related to the claims.

Contempt of court is broadly defined as disobedience to or disrespect of a court by acting in opposition to its authority. Contempt of court may be punished by the court with civil and criminal sanctions or penalties.

In Texas, the legal system operates under the assumption that lawsuits are filed with legitimate intentions. When a party seeks sanctions against another for filing a lawsuit, they bear the burden of demonstrating that the lawsuit constitutes an abuse of the judicial process. Texas courts make a clear distinction between claims that are unfounded, which are not subject to sanctions, and those that are both unfounded and filed in bad faith or with intent to harass, which can be sanctioned. The rules regarding sanctions do not demand that a party or their attorney be correct in their claims, but rather that they conduct a reasonable investigation into the facts and laws before proceeding with a claim. Contempt of court in Texas is an offense that encompasses acts of disobedience or disrespect towards the court's authority. This can include behaviors that challenge or ignore the court's power, and it can result in civil or criminal penalties imposed by the court.


Legal articles related to this topic