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Monday, April 6, 2009

What is a Plea to the Jurisdiction

The Baez Law Firm, P.C. has helped many foreigners in their fights against improper adjudication or rights without power to do so by the courts. Here is a review on what to expect if you believe that the court has no power over your case.

In Texas, there is no "motion to dismiss" encompassed in the Rules of Civil Procedure, although many courts and litigants act as if there was. To attack the lack of subject matter jurisdiction, the proper pleading is a plea to the jurisdiction.

Since a court has no power over a controversy without subject matter jurisdiction, the lack thereof can be raised at any time by parties or by the court. The court, has to dismiss the case because it has no power to do anything else. Subject matter jurisdiction cannot be waived.

Subject matter jurisdiction is not limited to issues concerning the type of case or the amount in controversy, it also deals with when plaintiff lacks standing, the suit is not ripe for determination and when the defendants are immune to suit.

If you believe that your case was improperly handled by the court, or if you have an upcoming case and have questions about jurisdiction, please contact our law firm. We are a general practice law firm that handles, personal injury, family law, business law, criminal law, consumer law, appeals, bankruptcy, litigation and many more.

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