ARTICLE · 29 AUGUST 2022

Plea To The Jurisdiction

Freeman Law

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A plea to the jurisdiction challenges the trial court's power to exercise subject-matter jurisdiction. The plea is a "dilatory" plea that is typically used to defeat a plaintiff's cause of action without regard to whether the claims have any merit.

United StatesLitigation, Mediation & Arbitration

WHAT IS A PLEA TO THE JURISDICTION?

A plea to the jurisdiction challenges the trial court's power to exercise subject-matter jurisdiction. The plea is a "dilatory" plea that is typically used to defeat a plaintiff's cause of action without regard to whether the claims have any merit.

A plea to the jurisdiction challenges a trial court's authority to hear a case by alleging that the factual allegations in the plaintiff's pleadings, when taken as true, fail to invoke the trial court's jurisdiction.

It may also challenge the existence of jurisdictional facts. In such instances, the plea may require the court to consider evidence pertaining to the jurisdictional facts.

How do Courts Decide a Such a "Plea"?

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