[COURT NAME]

[JUDICIAL DISTRICT] COURT
[COUNTY], TEXAS

[PLAINTIFF NAME],
    Plaintiff,

v.

[DEFENDANT NAME],
    Defendant.

Cause No. ____

DEFENDANT’S MOTION TO DISMISS

(“Motion”)
Tex. R. Civ. P. 91a & Inherent Power of the Court

[// GUIDANCE: Replace bracketed placeholders, delete guidance boxes before filing, and review all citations for matter-specific accuracy.]

TABLE OF CONTENTS

1. Introduction & Relief Requested.............................................................. 2
2. Procedural Posture & Briefing Schedule................................................. 3
3. Applicable Standards............................................................................... 4
4. Grounds for Dismissal............................................................................... 5
   4.1 Failure to State a Cognizable Claim (Rule 91a.1)................. 5
   4.2 [Alternative / Additional Grounds]........................................... 6
5. Prayer........................................................................................................ 7
6. Request for Oral Argument................................................................. 7
7. Certificates.............................................................................................. 8
   7.1 Certificate of Conference......................................................... 8
   7.2 Certificate of Service............................................................... 8
8. Proposed Order (separate page)...................................................... 9

1. INTRODUCTION & RELIEF REQUESTED

1.1 Defendant [DEFENDANT NAME] (“Defendant”) moves under Texas Rule of Civil Procedure 91a and the Court’s inherent authority to dismiss all claims asserted by [PLAINTIFF NAME] (“Plaintiff”) because they have no basis in law or fact.

1.2 Pursuant to Tex. R. Civ. P. 91a.7, Defendant requests that the Court award Defendant its reasonable attorneys’ fees and costs incurred in presenting this Motion.

[// GUIDANCE: Insert concise, case-specific overview of why the petition is legally or factually baseless (e.g., statute of limitations, absolute immunity, lack of duty).]

2. PROCEDURAL POSTURE & BRIEFING SCHEDULE

2.1 Filing Date. This Motion is filed on [DATE]. Under Tex. R. Civ. P. 91a.3(a), the hearing must be set within 45 days of this filing and may not be held earlier than 21 days after service.

2.2 Response Deadline. Plaintiff’s written response, if any, is due no later than seven (7) days before the hearing. Tex. R. Civ. P. 91a.4.

2.3 Automatic Stay of Discovery. Discovery is automatically stayed pending resolution of this Motion, except for discovery pertinent to attorney-fee issues. Tex. R. Civ. P. 91a.6.

[// GUIDANCE: Confirm any agreed alterations to the statutory schedule; if court issues a scheduling order, conform this section accordingly.]

3. APPLICABLE STANDARDS

3.1 Rule 91a Standard. A cause of action with “no basis in law” is one where the allegations, taken as true, do not entitle the claimant to relief. A cause of action has “no basis in fact” if no reasonable person could believe the pleaded facts. Tex. R. Civ. P. 91a.1.

3.2 Pleading Construction. For purposes of this Motion, the Court must consider only the pleadings and any attachments properly subject to judicial notice. Tex. R. Civ. P. 91a.6.

3.3 Burden of Proof. Plaintiff bears the burden to plead a legally cognizable and factually plausible claim. Defendant need not negate Plaintiff’s allegations but must show the petition is defective on its face.

4. GROUNDS FOR DISMISSAL

4.1 Failure to State a Cognizable Claim (Tex. R. Civ. P. 91a.1)

(a) Elemental Deficiency. Plaintiff’s petition omits essential elements of the alleged [identify cause of action], namely [list missing elements]. Without these allegations, Plaintiff fails to state a claim upon which relief may be granted.

(b) Affirmative Bar on the Face of the Pleadings. The pleadings affirmatively establish [e.g., statute of limitations expired on DATE; statutory immunity under Civ. Prac. & Rem. Code § X.XX], which bars Plaintiff’s claims as a matter of law.

(c) No Basis in Fact. Even if the petition is liberally construed, the factual assertions are conclusory and unsupported by specific, plausible allegations.

4.2 [Alternative / Additional Grounds]

[// GUIDANCE: Insert—and label—any alternative grounds (e.g., lack of personal jurisdiction, improper party capacity, failure to exhaust administrative remedies, Rule 12 challenge to attorney authority). Where dismissal is sought on multiple independent grounds, enumerate each clearly so the court can grant targeted relief.]

5. PRAYER

Defendant respectfully prays that the Court:

1. Grant this Motion and dismiss all claims asserted by Plaintiff with prejudice;
2. Award Defendant its reasonable attorneys’ fees and costs under Tex. R. Civ. P. 91a.7; and
3. Grant such other and further relief to which Defendant may be justly entitled.

6. REQUEST FOR ORAL ARGUMENT

Pursuant to Texas Rule of Civil Procedure 21(b), Defendant believes oral argument will aid the Court’s disposition and therefore requests a hearing at the Court’s earliest convenience.

[// GUIDANCE: If the court routinely decides Rule 91a motions on submission, modify this section to request decision on the papers instead.]

7. CERTIFICATES

7.1 Certificate of Conference

I certify that on [DATE], counsel for Defendant conferred with counsel for Plaintiff regarding the relief requested herein. Counsel for Plaintiff indicated that Plaintiff [is opposed / takes no position / agrees] to the Motion.

/s/ [COUNSEL NAME]
[COUNSEL NAME]

7.2 Certificate of Service

I certify that a true and correct copy of this Motion was served on all counsel of record on [DATE] in accordance with Texas Rule of Civil Procedure 21a via [e-filing / email / facsimile / certified mail].

/s/ [COUNSEL NAME]
[COUNSEL NAME]

8. PROPOSED ORDER

(Submit on separate page pursuant to local rule)

SIGNATURE BLOCK

Respectfully submitted,

[LAW FIRM NAME]
By: /s/ [ATTORNEY NAME]
[ATTORNEY NAME]
State Bar No. [__]
[ADDRESS]
[PHONE] | [FAX]
[EMAIL]

ATTORNEY FOR DEFENDANT
[DEFENDANT NAME]

[ATTACHMENT] – PROPOSED ORDER

[COURT NAME] – [JUDICIAL DISTRICT] COURT
[COUNTY], TEXAS

Cause No. ____

[PLAINTIFF] v. [DEFENDANT]

ORDER GRANTING DEFENDANT’S MOTION TO DISMISS

On this day, the Court considered Defendant’s Motion to Dismiss under Texas Rule of Civil Procedure 91a. After considering the Motion, any response, the pleadings on file, and arguments of counsel, the Court finds that the Motion should be, and hereby is, GRANTED.

IT IS THEREFORE ORDERED that all claims asserted by Plaintiff against Defendant are DISMISSED WITH PREJUDICE.

IT IS FURTHER ORDERED that Defendant shall recover attorneys’ fees and costs in the amount of $____ from Plaintiff pursuant to Tex. R. Civ. P. 91a.7.

SIGNED this ___ day of ____, 20__.

JUDGE PRESIDING

[// GUIDANCE:
1. Verify county-level local rules for any unique notice, briefing, or oral-argument settings (e.g., Dallas Loc. R. 2.03; Harris Loc. R. 3.3).
2. Re-check whether a certificate of conference is required in your court; some counties waive it for dispositive motions.
3. If additional grounds (e.g., special appearance, plea to the jurisdiction) accompany this Motion, file them separately or consolidate only if procedural rules allow.
4. Confirm compliance with Tex. R. Civ. P. 21(f) (electronic filing), including inclusion of electronic signatures.
5. Where dismissal is partial, modify order and prayer accordingly.
]