Tex.
Civ. Practice & Remedies Code Section 90.056
Response to Motion to Stay
(a)
Not later than the 14th day after the date the defendant files a motion to stay under Section 90.055 (Motion to Stay) or the date provided by court order under Section 90.052 (Requirement to Make Trust Claims)(b), the claimant may file a response:(1)
stating and providing proof that the claimant has made a trust claim identified in the defendant’s motion and served the notice of, and trust claim material relating to, the claim as prescribed by Section 90.053 (Notice of Trust Claim; Production of Trust Claim Material); or(2)
requesting a determination by the court that the fees and expenses, including attorney’s fees, for filing a trust claim identified in the motion exceed the claimant’s reasonably anticipated recovery from the trust.(b)
If the claimant files a response making a request under Subsection (a)(2), the court shall determine whether the claimant’s fees and expenses, including attorney’s fees, for making the relevant trust claim exceed the claimant’s reasonably anticipated recovery from the trust. If the court determines that the claimant’s fees and expenses exceed the claimant’s reasonably anticipated recovery, the claimant is not required to make the trust claim but shall provide the court with a verified statement of the exposed person’s exposure history to asbestos or silica that is covered by the trust.
Source:
Section 90.056 — Response to Motion to Stay, https://statutes.capitol.texas.gov/Docs/CP/htm/CP.90.htm#90.056 (accessed Apr. 13, 2024).
