Texas employers have an obligation to ensure the trustworthiness, reliability, and expertise of their employees. If they neglect those responsibilities, and someone suffers as a direct result, then those employers are guilty of negligent hiring. The Elements of Negligent Hiring To successfully make a claim for negligent hiring, a plaintiff must prove that the defendant […]
Author: Philip Silberman
Counterclaims, Crossclaims and Third-Party Claims in Texas State Courts
This post is the last in a seven-part series written to explain how counterclaims, crossclaims, and third-party claims are used in answering a lawsuit. Other topics in this series are listed below. Post 1: The Basics of Drafting an Answer Post 2: Dilatory Pleas Post 3: Special Exceptions Post 4: The General Denial Post 5: […]
Keys to Drafting a Valid Non-Compete in Texas
Definition In Texas, a business can limit an employee’s ability to compete against that business when she or he is no longer employed there. A non-compete agreement helps protect businesses from losing clients and/or proprietary information if an employee moves to another job. A non-compete agreement in Texas usually must be part of an employee […]
The Notario Publico and Unauthorized Practice of Law in Texas
Notario Publico and Notary Public are two terms that seem synonymous but definitely are not the same in the state of Texas. Equating one title with the other has caused problems for many people, sometimes leading them to unqualified, even unscrupulous, notaries. Similar in Name Only While the names sound similar, each title originates from […]
Affirmative Defenses in Texas
When answering a claim, a defendant may present an affirmative defense, which is a specific reason that the plaintiff’s case should not win. It states that even if what the plaintiff says is true, underlying reasons and facts invalidate the claim.
The Verified Denial in Texas State Courts
Unlike a general denial, verified denials must be specifically pleaded and substantiated by affidavit. If the defendant does not provide verification of a claim, then the plaintiff is released from the burden of proof. The specific defenses in Texas that must be verified include the following. (Tex. R. Civ. P. 93 and Tex. R. Civ. P. 185)
Using the General Denial in Texas State Court
Just as it sounds, a general denial says that the defendant disagrees overall with the plaintiff’s claims. Instead of denying any specific allegation, the plaintiff denies everything alleged in the petition.
Dilatory Pleas in Texas
A defendant may object to a lawsuit based on its merits which include the facts and evidence at issue. In addition, defendants may make a dilatory plea, one that delays or ends the action based on procedural issues. For example, a plea in suspension provides information which warrants a pause of the proceedings, while a plea in abatement objects to the place or manner of the lawsuit.
Special Exceptions as Part of the Texas Answer
A defendant uses special exceptions to point out weaknesses in the plaintiff’s claim, providing an opportunity for the plaintiff to correct the problem if possible. Special exceptions should be filed with the answer or shortly afterward. Each exception is presented to the judge in writing.
The Basics of Drafting an Answer in Texas
Drafting an answer correctly lays important groundwork for the defendant in a lawsuit. Most importantly, the filing of an answer prevents the plaintiff from taking a default judgement against the defendant. Answers are generally due around 20 days after a defendant is served in Texas.