Texas Courts Online | Vexatious Litigants (FAQs)

Vexatious Litigants

Frequently Asked Questions

What is a vexatious litigant?
How does someone get on the vexatious litigant list?
I have been declared a vexatious litigant. Can the Office of Court Administration remove my name from the vexatious litigant list?
The case in which I was declared a vexatious litigant is on appeal. Can the Office of Court Administration remove my name from the vexatious litigant list?
Is there a form that can be used by the clerk to report a vexatious litigant prefiling order?

Q. What is a vexatious litigant? ...top...

A. Under Section 11.054 of the Civil Practice and Remedies Code, a court may find a plaintiff a vexatious litigant if the defendant shows that there is not a reasonable probability that the plaintiff will prevail in the litigation against the defendant and that:

(1) the plaintiff, in the seven-year period immediately preceding the date the defendant makes the motion under Section 11.051, has commenced, prosecuted, or maintained in propria persona at least five litigations other than in a small claims court that have been:

(A) finally determined adversely to the plaintiff;
(B) permitted to remain pending at least two years without having been brought to trial or hearing; or
(C) determined by a trial or appellate court to be frivolous or groundless under state or federal laws or rules of procedure;

(2) after a litigation has been finally determined against the plaintiff, the plaintiff repeatedly relitigates or attempts to relitigate, in propria persona, either:

(A) the validity of the determination against the same defendant as to whom the litigation was finally determined; or
(B)the cause of action, claim, controversy, or any of the issues of fact or law determined or concluded by the final
determination against the same defendant as to whom the litigation was finally determined; or

(3) the plaintiff has previously been declared to be a vexatious litigant by a state or federal court in an action or proceeding based on the same or substantially similar facts, transition, or occurrence.

Q. How does someone get on the vexatious litigant list? ...top...

A. The clerk of the court provides OCA with a copy of any prefiling orders issued pursuant to Section 11.101, Civil Practice and Remedies Code.

NOTE: There is often confusion about what should or should not be reported. Read the judgment carefully to determine whether OCA should report the information received.

The information should be reported if:

The judgment declares that the person is prohibited from filing (or the clerk of a court shall refuse) any litigation without representation by an attorney unless he/she obtains an order from the local administrative judge.
The judgment declares that the person is prohibited from filing (or the clerk of a court shall refuse) any litigation without representation by an attorney against certain parties unless he/she obtains an order from the local administrative judge.
The plaintiff was declared vexatious under Section 11.101 of the Civil Practice and Remedies Code.

The information should NOT be reported if:

The judgment requires the plaintiff to post a bond (“furnish security”) but does not prohibit the plaintiff from filing additional litigation without representation by an attorney in the state.
The plaintiff was declared vexatious under Section 11.054 of the Civil Practice and Remedies Code.
The judgment declares that the person is prohibited from filing (or the clerk of a court shall refuse) any litigation without representation by an attorney in a certain county unless he/she obtains an order from the local administrative judge.

Q. I have been declared a vexatious litigant. Can the Office of Court Administration remove my name from the vexatious litigant list? ...top...

A. OCA does not have the authority to remove a name from the list unless ordered to do so by the issuing court, or if provided a higher court decision reversing the finding.

Q. The case in which I was declared a vexatious litigant is on appeal. Can the Office of Court Administration remove my name from the vexatious litigant list? ...top...

A. OCA does not have the authority to remove a name from the list unless ordered to do so by the issuing court, or if provided a higher court decision reversing the finding.

Q. Is there a form that can be used by a clerk to report a vexatious litigant prefiling order? ...top...