TDCAA Community
Dismissal of NISI

This topic can be found at:
https://tdcaa.infopop.net/eve/forums/a/tpc/f/257098965/m/7787011416

November 19, 2014, 13:40
K Massey
Dismissal of NISI
Does the Judge have the right to Sua Sponte dismiss a NISI filed by the State?
December 03, 2014, 11:28
Meredith Kennedy
The short answer is yes, the court can enter any order, but if it runs afoul of Chapter 22, you might have a basis for a mandamus action. See Article 22.125: "The court may exonerate the defendant and his sureties, if any, from liability on the forfeiture, remit the amount of the forfeiture, or set aside the forfeiture only as expressly provided by this chapter." Usually when I point this provision out to my courts, they rethink dismissing outright without some statutory basis to support it.