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)
Author: Philip Silberman
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.
Trade Secret Misappropriation in Texas
Unique practices and proprietary information, sometimes known as trade secrets, help a business stay competitive. When someone wrongly obtains, shares, or uses a trade secret without consent, a business has a right to file a claim for misappropriation of trade secrets. For a business to protect its proprietary information with this claim, the information must […]
Statutory Fraud in Texas
An act of fraud involves misrepresenting or deceiving someone, causing harm to that person in the process. Statutory fraud is a particular kind of fraud which involves real estate or a stock transaction. Texas law prohibits a person from using false or incomplete information when inducing another person to sign a contract. If the misrepresentation […]
Tortious Interference with a Contract in Texas
Since contracts are legally binding, laws exist to prevent wrongful, or tortious, interference with existing contracts. That interference can occur when an outside party purposefully leads someone in a business agreement to break the terms of the agreement.
Letters Testamentary in Texas
Heirs and beneficiaries are often informed by banks, mortgage companies, and other financial institutions that they need Letters Testamentary or Letters of Administration to be able to access funds in bank accounts or obtain information related to a mortgage. This article will discuss what these letters are and how to obtain them from the court. […]
The Texas Real Estate Lien Note
Typically drafted at the same time as the Deed of Trust, the Texas Real Estate Lien Note is a one-way agreement in which the signer makes a promise to pay someone a specific sum of money at a specific time. This article will discuss the different elements and sections of a Texas Lien Note. The […]