Chapter 21-9 Attacking Subject Matter Jurisdiction

• Jurisdiction: United States

21-9 Attacking Subject Matter Jurisdiction

A plea to the jurisdiction challenges a Texas court's subject matter jurisdiction. A plea to the jurisdiction may be presented at any time before final judgment because subject matter jurisdiction cannot be waived prior to final judgment. A challenge to the court's subject matter jurisdiction may be raised for the first time on appeal.⁶³

Where a plea to the jurisdiction challenges the pleadings, the court must determine whether the pleader has affirmatively alleged facts demonstrating that the court has subject matter jurisdiction.⁶⁴ Where the pleadings do not contain sufficient facts to affirmatively demonstrate the trial court's jurisdiction, the trial court should provide an opportunity to amend the pleadings, unless the pleading affirmatively demonstrated a lack of jurisdiction.⁶⁵

In cases where the plea to the jurisdiction attacks the evidence, as is often the case with claims of sovereign immunity, the trial court may consider evidence submitted by the parties.⁶⁶ If the evidence raises a fact question with...