Mastering TRCP 91a in Texas Business Litigation: Dismissing Baseless Claims in 2026
Mastering TRCP 91a in Texas Business Litigation: Dismissing Baseless Claims in 2026
In the fast-paced arena of Texas business litigation, frivolous lawsuits can drain resources and disrupt operations. Texas Rule of Civil Procedure (TRCP) 91a offers a powerful tool for defendants to seek early dismissal of claims lacking legal or factual merit, promoting efficiency and cost savings. As of 2026, with no major amendments since the 2019 updates aligning it with Texas Civil Practice and Remedies Code § 30.021, this rule remains a cornerstone for protecting businesses from groundless actions. This in-depth guide from Wilson Legal Group P.C. explores TRCP 91a's mechanics, strategic applications in business disputes, and key considerations for leveraging it effectively. Our team of business litigation attorneys in Dallas, Houston, and Austin helps clients navigate these procedures to safeguard their interests.
Understanding the Core of TRCP 91a: Grounds for Dismissal
Enacted in 2013 under Texas Government Code § 22.004(g), TRCP 91a empowers parties to challenge causes of action with "no basis in law or fact" early in litigation. A claim has no basis in law if the allegations, even taken as true with all reasonable inferences, fail to entitle the claimant to relief. Conversely, no basis in fact exists if no reasonable person could believe the pleaded facts. This distinction allows defendants in business cases—such as breach of contract or shareholder disputes—to target weak claims without delving into extensive discovery.
The rule's scope is broad but excludes certain proceedings, like those under the Family Code or Chapter 14 of the Texas Civil Practice and Remedies Code, ensuring it focuses on civil actions where efficiency is paramount. In business litigation, where disputes often involve complex commercial relationships, TRCP 91a prevents plaintiffs from using baseless filings as leverage, aligning with Texas's emphasis on prompt and cost-effective resolutions.
According to Tex. R. Civ. P. 91a. 1, “a cause of action has no basis in law if the allegations, taken as true, together with the inferences reasonably drawn from them, do not entitle the claimant to the relief sought.” It does, however, include two specific situations for dismissal: “too few facts to demonstrate a viable, legally cognizable right to relief” or “additional facts that if true bar recovery.” Galperin v. Smith Protective Services, Inc., No. 01-18-00427- CV, 2019 WL 2376118, at *1 (Tex. App.—Houston [1st Dist.] June 6, 2019, no pet.); see also Sabre Travel Int'l, Ltd. v. Deutsche Lufthansa AG, 567 S.W.3d 725, 741 (Tex. 2019).
Rule 91a provides two circumstances under which a cause of action has no basis in law:
(1) where the petition does not allege sufficient facts “to demonstrate a viable, legally cognizable right to relief,” and
(2) where the plaintiffs “alleged additional facts that, if true, bar recovery.”
In contrast, “[a] cause of action has no basis in fact if no reasonable person could believe the facts pleaded.”Tex. R. Civ. P. 91a.1; Drake v. Chase Bank, 2014 WL 6493411, at *1 (Tex. App.—Fort Worth Nov. 20, 2014, no pet.). A petition will not survive Rule 91a dismissal if it contains “[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements.” Wooley v. Schaffer, 447 S.W.3d 71, 76 (Tex. App.—Houston [14th Dist.] 2014, pet. denied) (internal citations omitted). To survive, the petition must provide “fair and adequate notice of the facts upon which the pleader bases his claim.” Thomas v. 462 Thomas Family Props., LP, 559 S.W.3d 634, 639–40 (Tex. App.—Dallas 2018, pet. denied); see also Zheng v. Vacation Network, Inc., 468 S.W.3d 180, 184, 186 (Tex. App.—Houston [14th Dist.] 2015, pet. denied).
If a plaintiff fails to plead facts that plausibly show any necessary element of its claim, the claim should be dismissed.
Aguilar v. Morales, 545 S.W.3d 670, 680 (Tex. App.—El Paso 2017, pet. denied).
Filing and Timing Requirements Under TRCP 91a
Precision in filing is critical for a successful TRCP 91a motion. The motion must be submitted within 60 days after service of the first pleading containing the challenged cause of action, or 60 days after the movant's first answer is due, whichever is later. It requires explicit reference to Rule 91a, identification of each targeted cause, and specific reasons why it lacks basis in law, fact, or both. Courts mandate rulings within 45 days of filing, unless the motion is withdrawn, the pleading amended, or the cause nonsuited, creating a streamlined timeline that favors proactive defendants.
Responses must be filed at least seven days before the hearing, which needs 21 days' notice and can occur orally or by submission. Importantly, no evidence beyond the pleadings and permitted exhibits (under Rule 59) is considered, keeping the focus on the complaint's sufficiency. This evidentiary restriction underscores TRCP 91a's role as a pleading-stage gatekeeper, distinct from summary judgment, and particularly useful in business cases where early clarity can preserve ongoing operations.
Strategic Impacts on Business Litigation: Nonsuits, Amendments, and Remedies
TRCP 91a introduces tactical depth to litigation strategy. If a respondent amends or nonsuits the challenged cause at least three days before the hearing, the court cannot rule, allowing plaintiffs a chance to cure defects but potentially exposing them to fees if the motion proceeds on amended pleadings. Movants can then file an amended motion, restarting the 45-day clock, which encourages iterative improvements in claims while deterring persistent frivolity.
For businesses, this means TRCP 91a can force quick resolutions in disputes like partnership conflicts or trade secret misappropriation claims. Dismissals are typically with prejudice, barring refiling unless defects are remedied, and orders must detail reasons in writing. Appeals of dismissals are interlocutory or treated as final judgments, providing avenues for review, while denials are not immediately appealable, pushing parties toward trial preparation.
Leveraging TRCP 91a for Your Business: Practical Insights
- Review the Pleadings: Carefully examine the plaintiff's petition or complaint to identify causes of action that have no basis in law (allegations don't entitle relief even if true) or fact (no reasonable person could believe the facts). Ensure the motion targets specific claims in civil actions, excluding exempt cases like Family Code matters.
- Prepare the Motion: Draft the TRCP 91a motion explicitly referencing Texas Rule of Civil Procedure 91a. Clearly identify each challenged cause of action and provide detailed reasons why it lacks basis in law, fact, or both. Avoid attaching extrinsic evidence, as the court only considers pleadings and permitted exhibits under TRCP 59.
- File Timely: Submit the motion within 60 days after being served with the first pleading containing the challenged claim, or 60 days after your first answer is due, whichever is later. File it in the appropriate Texas court where the case is pending, serving all parties via e-file or certified mail.
- Request a Hearing: Include a request for a hearing in the motion. Provide at least 21 days' notice to opposing parties. The hearing can be oral or by submission, focusing solely on the pleadings without evidence presentation.
- Handle Responses and Amendments: Anticipate the plaintiff's response, due at least 7 days before the hearing. If the plaintiff amends or nonsuits the claim at least 3 days prior, the court can't rule—consider filing an amended motion if defects persist.
- Argue at the Hearing: Prosecute by presenting arguments emphasizing the claim's baselessness, citing relevant Texas case law (e.g., interpretations of "no basis in fact" from recent rulings). Highlight how dismissal promotes efficiency under Texas Government Code § 22.004(g).
- Seek Attorney Fees and Costs: If prevailing, request mandatory awards of reasonable attorney fees and costs incurred for the challenged claim, supported by affidavits or evidence. Courts must award these unless exceptions apply (e.g., government entities).
- Obtain the Ruling: The court must rule within 45 days of filing (unless withdrawn or amended). Push for dismissal with prejudice if appropriate, and ensure the order details reasons in writing.
- Consider Appeals or Next StepS: If dismissed, note it's appealable as a final or interlocutory order. If denied, proceed with discovery or other defenses, as denials aren't immediately appealable. Consult experienced Texas business litigation counsel for tailored strategy.
Jurisdiction, Venue, and Cumulative Nature in Texas Courts
Filing a TRCP 91a motion does not waive special appearances or venue challenges, submitting the movant to jurisdiction only for motion-related proceedings. This preserves defensive options in multi-jurisdictional business disputes. As a cumulative remedy, Rule 91a complements other dismissal mechanisms, such as pleas to the jurisdiction or summary judgments, allowing layered strategies without preclusion.
In 2026, with Texas courts emphasizing efficiency amid rising caseloads, TRCP 91a integrates seamlessly into broader litigation plans, especially for corporations facing shareholder or contract-based suits.
Awarding Costs and Attorney Fees: A Deterrent to Frivolous Filings
One of TRCP 91a's strongest incentives is the mandatory award of costs and reasonable attorney fees to the prevailing party, limited to those incurred for the challenged cause in the trial court. The 2019 amendment expanded this to align with broader civil remedies, applying to actions filed on or after September 1, 2019, and requiring evidentiary support like affidavits. Exceptions apply to suits by or against governmental entities or officials, but in private business litigation, this provision shifts the economic burden to the filer of baseless claims.
Courts may also impose sanctions for groundless pleadings filed in bad faith or for harassment, including additional expenses or fees, detailed in the order. This framework not only reimburses defendants but also discourages abusive tactics in competitive business environments, where litigation is sometimes weaponized to hinder rivals.
TRCP 91A FAQ
What types of cases can TRCP 91a be applied to?
TRCP 91a applies to most civil actions in Texas courts, including business litigation, contract disputes, and tort claims. However, it excludes specific proceedings such as those under the Family Code, inmate litigation under Chapter 14 of the Civil Practice and Remedies Code, or administrative appeals. In business contexts, it's particularly effective for dismissing unfounded shareholder disputes or breach of fiduciary duty claims early on.
How does TRCP 91a differ from a motion for summary judgment?
Unlike a motion for summary judgment, which requires evidence and can be filed later in the case, TRCP 91a focuses solely on the pleadings without considering external evidence. It's designed for early dismissal of baseless claims, making it faster and less costly. Summary judgment addresses whether there's a genuine issue of material fact, while 91a targets claims with no legal or factual basis from the outset.
Can a plaintiff amend their pleadings to avoid a TRCP 91a dismissal?
Yes, if a plaintiff amends or nonsuits the challenged cause of action at least three days before the hearing, the court cannot rule on the motion. This gives plaintiffs an opportunity to cure defects. However, if the amended pleading still lacks merit, the defendant can file an amended motion, potentially leading to fee awards if the original motion was warranted.
What evidence can be considered in a TRCP 91a motion?
No extrinsic evidence is allowed; the court reviews only the pleadings and any exhibits properly attached under TRCP 59. This keeps the process streamlined, focusing on whether the allegations, taken as true, support a viable claim. In business litigation, this means challenging vague or conclusory assertions in complaints without needing discovery.
Are there appellate options for TRCP 91a rulings?
Dismissals under TRCP 91a are generally appealable as final judgments if they resolve all claims, or interlocutorily if partial. Denials of 91a motions are not immediately appealable, requiring parties to proceed to trial. Texas appellate courts review these de novo, emphasizing the rule's intent to curb frivolous litigation while protecting legitimate claims.
How has recent case law interpreted "no basis in fact" under TRCP 91a?
In recent decisions up to 2026, Texas courts have clarified that "no basis in fact" means no reasonable person could believe the facts as pleaded. For example, in business cases involving fraud allegations, courts have dismissed claims lacking specific, plausible details. Key rulings stress that inferences must be reasonable, not speculative, aligning with federal Twombly/Iqbal standards adapted to Texas law.
Can TRCP 91a motions be used strategically in multi-party business disputes?
Absolutely. In complex business litigation with multiple defendants, a 91a motion can isolate and dismiss claims against specific parties early, reducing overall case complexity. It also serves as leverage in settlement talks by highlighting weaknesses in the plaintiff's case, potentially shifting costs and encouraging voluntary dismissals to avoid fee awards.
Why Wilson Legal Group P.C. is Your Partner in
TRCP 91a Litigation
At Wilson Whitaker Rynell, we are dedicated to providing exceptional legal services in Business Litigation, and Commercial Litigation, Contract Disputes Litigation. We use TRCP 91a to defend clients against unfounded business claims across Texas.
Contact us today for a consultation to fortify your defense!
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