Texas Answer and Defenses to Amended Complaint

State:
Multi-State
Control #:
US-PI-0188
Format:
Word; 
Rich Text
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This form is a sample of a defendant's answer and defenses to the plaintiff's amended complaint.
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FAQ

Rule 117a. Citation in Suits for Delinquent Ad Valorem Taxes (1948) In all suits for collection of delinquent ad valorem taxes, the rules of civil procedure governing issuance and service of citation shall control the issuance and service of citation therein, except as herein otherwise specially provided. 1.

Self-defense, entrapment, insanity, necessity, and respondeat superior are some examples of affirmative defenses. Under the Federal Rules of Civil Procedure Rule 56, any party may make a motion for summary judgment on an affirmative defense.

Rule 117a of the TEXAS RULES OF CIVIL PROCEDURE relates to citations in delinquent tax suits. It states, among other things, that a copy of a petition does not need to be served with the citation.

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 defendant may accept service of process, or waive the issuance or service thereof by a written memorandum signed by him, or by his duly authorized agent or attorney, after suit is brought, sworn to before a proper officer other than an attorney in the case, and filed among the papers of the cause, and such waiver ...

A response and brief to an opposed motion must be filed within 21 days from the date the motion is filed.

At any time in its discretion and upon such notice and on such terms as it deems just, the court may allow any process or proof of service thereof to be amended, unless it clearly appears that material prejudice would result to the substantial rights of the party against whom the process issued.

Rule 500.9 - Discovery (a)Pretrial Discovery. Pretrial discovery is limited to that which the judge considers reasonable and necessary. Any requests for pretrial discovery must be presented to the court for approval by written motion. The motion must be served on the responding party.

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Texas Answer and Defenses to Amended Complaint