Prevalence and Practicality Two Years Later
For many years, a motion to dismiss pursuant to Federal Rule of
Civil Procedure 12(b)(6) has provided an effective tool for
dismissing baseless claims early in the litigation process. The
Texas Rules of Civil Procedure did not offer an equivalent rule
until Rule 91a became effective March 1, 2013.1 This
update examines the prevalence and practical application of Rule
91a since its enactment.
The Basics
Rule 91a of the Texas Rules of Civil Procedure allows a party to
seek dismissal of a groundless cause of action. Tex. R. Civ. P.
91a. The rule provides in pertinent part:
[A] party may move to dismiss a cause of action on the grounds
that it has no basis in law or fact. A cause of action has no basis
in law if the allegations, taken as true, together with inferences
reasonably drawn from them, do not entitle the claimant to the
relief sought. A cause of action has no basis in fact if no
reasonable person could
