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 […]
Category: Litigation
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.
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.