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Rule 15 provides that the court should allow the plaintiff to amend the complaint when justice requires it. Once the defendant receives the amended complaint, they are given the opportunity to send a responsive pleading.
When a petition is filed with a justice court to initiate a suit, the clerk must promptly issue a citation and deliver the citation as directed by the plaintiff The plaintiff is responsible for obtaining service on the defendant of the citation and a copy of the petition with any documents filed with the petition.
The attorney?client privilege is found at Texas Rule of Evidence 503, and its application in federal courts is governed by Federal Rule of Evidence 501. The purpose of the attorney? client privilege is to encourage free discussion between a lawyer and client.
Rule 92. General Denial (1941) A general denial of matters pleaded by the adverse party which are not required to be denied under oath, shall be sufficient to put the same in issue.
The amount of damages is established by evidence: (A) that the account or loan was issued to the defendant and the defendant is obligated to pay it; (B) that the account was closed or the defendant breached the terms of the account or loan agreement; (C) of the amount due on the account or loan as of a date certain ...
The court must not consider a motion for summary disposition until it has been on file for at least 14 days. The judge may consider evidence offered by the parties at the hearing. By agreement of the parties, the judge may decide the motion and response without a hearing.
The court may allow a pleading to be amended less than 7 days before trial if the amendment will not operate as a surprise to the opposing party. (b)Insufficient Pleadings. A party may file a motion with the court asking that another party be required to clarify a pleading.
If a defendant who has answered fails to appear for trial, the court may proceed to hear evidence on liability and damages and render judgment ingly.