Contents
- 1 How to Answer a Lawsuit in Texas?
- 1.1 What are the legal answer deadlines in Texas?
- 1.2 What are the different types of Answers in Texas?
- 1.3 What is a General Answer?
- 1.4 What is a Verified Answer?
- 1.5 What is Special Exceptions as Part of the Texas Answer
- 1.6 What is a Special Appearance as Part of the Texas Answer?
- 1.7 Counterclaims, Crossclaims and Third-Party Claims in Texas State Courts
How to Answer a Lawsuit in Texas?
If you are served with a lawsuit in Texas, you must respond by filing an answer with the court within the time period specified in the citation. Here are the steps to answer a lawsuit in Texas:
- Read the petition: Carefully read the plaintiff’s petition or complaint to understand the claims against you.
- Determine your deadline: Check the citation to determine the deadline for filing your answer. In Texas, the deadline is typically 20-30 days from the date of service, but it may vary depending on the circumstances of the case.
- Draft your answer: Prepare a written answer that responds to each allegation in the plaintiff’s petition. You can either file a general answer or a verified answer, depending on the nature of the case.
- File your answer: File your answer with the court and serve a copy on the plaintiff or their attorney. You may need to pay a filing fee when you file your answer.
- Serve discovery requests: If you have any defenses or counterclaims, you may want to serve written discovery requests, such as interrogatories, requests for production, or requests for admission, on the plaintiff.
- Attend hearings: Attend any hearings or conferences scheduled by the court, and comply with any orders or deadlines set by the court.
It’s important to note that answering a lawsuit in Texas can be complex and may require a thorough understanding of the rules of civil procedure and the law. If you are unsure about how to respond to a lawsuit, or if you need help preparing your answer, it is strongly recommended that you seek the advice of an experienced Texas attorney.
What are the legal answer deadlines in Texas?
- For a lawsuit served in Texas by personal service, the defendant has until the Monday following 20 days after service to file an answer. For example, if a defendant is served with a lawsuit on a Tuesday, they would have until the following Monday, 20 days later, to file an answer.
- For a lawsuit served in Texas by certified mail, the defendant has until the Monday following 20 days after the date the citation was mailed to file an answer. However, if the defendant lives outside of Texas, they have until the Monday following 30 days after the date the citation was mailed to file an answer.
- For a lawsuit served outside of Texas, the defendant has until the Monday following 30 days after service to file an answer.
- For certain types of cases, such as eviction cases, the answer deadline may be shorter, such as 5 or 10 days.
It’s important to note that these are general guidelines, and the answer deadline in a particular case may vary depending on the circumstances. If you are served with a lawsuit in Texas, it is important to consult with an experienced Texas attorney to determine the applicable answer deadline and to ensure that you comply with all other requirements of the law.
What are the different types of Answers in Texas?
In Texas, there are three main types of answers that a defendant can file in response to a plaintiff’s petition or complaint:
- General Answer: A general answer is the most common type of answer filed in Texas. It is a pleading that admits or denies each allegation in the plaintiff’s petition or complaint, and it may also include affirmative defenses.
- Verified Answer: A verified answer is a type of answer that must be made under oath and signed by the defendant. It is typically used in cases where the plaintiff has requested injunctive relief or other types of equitable relief.
- Special Appearance: A special appearance is a type of answer that challenges the court’s jurisdiction over the defendant. It is filed before any other pleadings or motions and is intended solely to contest the court’s jurisdiction.
In addition to these main types of answers, a defendant may also file other types of pleadings, such as counterclaims, cross-claims, or third-party claims, depending on the circumstances of the case.
What is a General Answer?
- Admissions or denials: The defendant must admit or deny each allegation in the plaintiff’s petition or complaint. If the defendant lacks sufficient information to admit or deny an allegation, they can state that they lack sufficient information and belief to admit or deny the allegation.
- Affirmative defenses: The defendant may include affirmative defenses in their answer. Affirmative defenses are legal defenses that, if proven, would defeat the plaintiff’s claim even if the plaintiff’s allegations are true. Some common affirmative defenses in Texas include statute of limitations, contributory negligence, and assumption of risk.
- Counterclaims or cross-claims: The defendant may assert counterclaims or cross-claims against the plaintiff or other parties in their answer. Counterclaims are claims that the defendant has against the plaintiff, while cross-claims are claims that the defendant has against a co-defendant or third party.
- Prayer for relief: The defendant may include a prayer for relief in their answer. This is a request for the court to grant certain relief to the defendant, such as dismissal of the plaintiff’s claims, a declaratory judgment, or other types of relief.
It’s important to note that filing a general answer requires a thorough understanding of the rules of civil procedure and the law. If you are a defendant in a Texas civil case, it is strongly recommended that you seek the advice of an experienced Texas attorney to assist you with drafting and filing your answer.
What is a Verified Answer?
A verified answer is typically used in cases where the plaintiff has requested injunctive relief or other types of equitable relief. In these types of cases, the defendant may be required to show that they have a valid defense to the plaintiff’s claim, and that they would suffer irreparable harm if the requested relief is granted.
A verified answer typically includes the same elements as a general answer, such as admissions or denials of the plaintiff’s allegations, affirmative defenses, and counterclaims or cross-claims. However, because a verified answer is made under oath, it carries greater weight with the court.
It’s important to note that filing a verified answer requires a thorough understanding of the rules of civil procedure and the law. If you are a defendant in a Texas civil case and are considering filing a verified answer, it is strongly recommended that you seek the advice of an experienced Texas attorney to assist you with drafting and filing your answer.
What is Special Exceptions as Part of the Texas Answer
Essentially, special exceptions are a way for the defendant to ask the court to require the plaintiff to provide more specific or detailed information about their claims. For example, a defendant might file special exceptions if the plaintiff’s pleading is too vague or fails to state a cause of action.
In order to file special exceptions, the defendant must specifically identify the defects in the plaintiff’s pleading and explain why they are legally insufficient. The defendant must also provide notice to the plaintiff and an opportunity to cure the defects before the court will rule on the special exceptions.
If the court grants the special exceptions, the plaintiff may be required to amend their pleading to provide more specific or detailed information. If the plaintiff fails to cure the defects within a specified time frame, their claims may be dismissed.
It’s important to note that special exceptions are not the same as affirmative defenses. Affirmative defenses are legal arguments that provide a justification for why the defendant should not be held liable even if the plaintiff’s allegations are true. Special exceptions, on the other hand, focus on the legal sufficiency of the plaintiff’s pleading and seek to require the plaintiff to provide more specific or detailed information about their claims.
What are the requirements for Special Exceptions?
- The special exceptions must be specific and point out the particular defects or omissions in the plaintiff’s pleading.
- The special exceptions must be in writing and must state the legal grounds for the challenge to the sufficiency of the plaintiff’s pleading.
- The defendant must serve the special exceptions on the plaintiff or their attorney, along with a notice of hearing setting a date for a hearing on the special exceptions.
- The defendant must obtain a ruling on the special exceptions before the defendant is required to answer the plaintiff’s pleading.
- The defendant must comply with any court order requiring the defendant to amend their special exceptions or the plaintiff’s pleading.
It’s important to note that filing special exceptions requires a thorough understanding of the rules of civil procedure and the law. If you are considering filing special exceptions as part of your Texas answer, it is strongly recommended that you seek the advice of an experienced Texas attorney.
What is a Special Appearance as Part of the Texas Answer?
A special appearance allows the defendant to appear in court for the sole purpose of challenging the court’s jurisdiction. If the defendant does not file a special appearance and instead files a general appearance or responsive pleading (such as an answer), the defendant may be deemed to have waived their jurisdictional challenge.
The purpose of a special appearance is to contest the court’s jurisdiction over the defendant, rather than to contest the merits of the plaintiff’s claims. The defendant must argue that the court lacks jurisdiction over them because, for example, they are not a resident of Texas, the alleged conduct did not occur in Texas, or they were not properly served with process.
If the court agrees with the defendant’s argument, it will dismiss the case for lack of jurisdiction. If the court denies the special appearance, the defendant will then be required to file an answer and respond to the plaintiff’s claims.
It’s important to note that a special appearance must be filed before any other pleadings, such as an answer or motion to dismiss, or the defendant may be deemed to have waived their jurisdictional challenge. Additionally, a special appearance should be filed along with evidence supporting the defendant’s argument that the court lacks jurisdiction.
What are the requirements for Special Appearance?
- The special appearance must be filed before any other pleadings or motions, except for a motion to transfer venue or a plea in abatement.
- The special appearance must be in writing and must specify the grounds for the challenge to the court’s jurisdiction over the defendant.
- The defendant must provide evidence in support of the grounds for the challenge to jurisdiction. This can include affidavits, documents, or other evidence that support the defendant’s argument that the court lacks jurisdiction.
- The defendant must not engage in any activity that could be construed as submission to the jurisdiction of the court, such as filing a responsive pleading or appearing at a hearing.
- The defendant must not seek any relief other than dismissal of the case for lack of jurisdiction.
- The defendant must not have waived their jurisdictional challenge by engaging in conduct that is inconsistent with their claim that the court lacks jurisdiction.
It’s important to note that filing a special appearance is a complex legal process and requires a thorough understanding of the rules of civil procedure and the law. If you are considering filing a special appearance, it is strongly recommended that you seek the advice of an experienced Texas attorney.
Counterclaims, Crossclaims and Third-Party Claims in Texas State Courts
What is a counterclaim?
In a civil lawsuit, a counterclaim is a legal action that the defendant brings against the plaintiff. The counterclaim usually asserts that the plaintiff has also caused harm, and the defendant is seeking damages or other legal remedies for that harm. For example, if a person is sued for breach of contract, they might respond with a counterclaim alleging that the plaintiff also breached the contract.
In criminal cases, a counterclaim is not typically used, but a defendant may raise an affirmative defense, which asserts that the defendant should not be held responsible for their actions due to circumstances such as self-defense or duress.
The counterclaim may focus on the same event or situation that the plaintiff has alleged, or it may arise out of a completely different event. Counterclaims are helpful because they provide a defendant an opportunity to play offense instead of defense. Counterclaims that relate to the same set of facts alleged by the plaintiff may be filed even if the applicable statute(s) of limitations has expired (Tex. Civ. Prac. & Rem Code Ann. § 16.069).
The different types of counterclaims are outlined in Tex. R. Civ. P. 97:
(a) Compulsory Counterclaims. A pleading shall state as a counterclaim any claim within the jurisdiction of the court, not the subject of a pending action, which at the time of filing the pleading the pleader has against any opposing party, if it arises out of the transaction or occurrence that is the subject matter of the opposing party’s claim and does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction; provided, however, that a judgment based upon a settlement or compromise of a claim of one party to the transaction or occurrence prior to a disposition on the merits shall not operate as a bar to the continuation or assertion of the claims of any other party to the transaction or occurrence unless the latter has consented in writing that said judgment shall operate as a bar.
(b) Permissive Counterclaims. A pleading may state as a counterclaim any claim against an opposing party whether or not arising out of the transaction or occurrence that is the subject matter of the opposing party’s claim.
(c) Counterclaim Exceeding Opposing Claim. A counterclaim may or may not diminish or defeat the recovery sought by the opposing party. It may claim relief exceeding in amount or different in kind from that sought in the pleading of the opposing party, so long as the subject matter is within the jurisdiction of the court.
(d) Counterclaim Maturing or Acquired After Pleading. A claim which either matured or was acquired by the pleader after filing his pleading may be presented as a counterclaim by amended pleading.
(e) Crossclaim Against Co-Party. A pleading may state as a crossclaim any claim by one party against a co-party arising out of the transaction or occurrence that is the subject matter either of the original action or of a counterclaim therein. Such crossclaim may include a claim that the party against whom it is asserted is or may be liable to the crossclaimant for all or part of a claim asserted in the action again the crossclaimant.
(f) Additional Parties. Persons other than those made parties to the original action may be made parties to a third-party action, counterclaim or crossclaim in accordance with the provisions of Rules 38, 39 and 40.
(g) Tort shall not be the subject of set-off or counterclaim against a contractual demand nor a contractual demand against tort unless it arises out of or is incident to or is connected with same.
(h) Separate Trials; Separate Judgments. If the court orders separate trials as provided in Rule 174, judgment on a counterclaim or crossclaim may be rendered when the court has jurisdiction so to do, even if the claims of the opposing party have been dismissed or otherwise disposed of.
Correctly identifying and making counterclaims is an important part of the defendant’s answer because failing to file a counterclaim at the appropriate time may mean that the defendant waives them.
What is a Crossclaim?
A crossclaim typically arises in situations where two or more defendants are involved in a legal action, and one defendant believes that the other defendant is responsible for all or part of the plaintiff’s claim. For example, in a personal injury lawsuit involving a car accident with multiple vehicles, one defendant may file a crossclaim against another defendant, asserting that the other defendant’s negligence caused the accident and the resulting injuries.
Crossclaims are allowed under the Federal Rules of Civil Procedure and many state rules of civil procedure. They are generally filed in the same manner as a counterclaim, as part of the defendant’s answer to the plaintiff’s complaint.
What is a Third-Party Claim?
Third-party claims are often filed in cases where the defendant believes that another person or entity should share in the responsibility for the plaintiff’s damages. For example, in a product liability lawsuit, a manufacturer may file a third-party claim against a supplier, alleging that the supplier provided defective parts that contributed to the plaintiff’s injuries.
Third-party claims are governed by the Federal Rules of Civil Procedure and are generally filed as a separate legal action or as part of the defendant’s answer to the plaintiff’s complaint. The third-party defendant then has the opportunity to file their own answer and defenses to the third-party claim, and the legal action proceeds with all parties involved.
Defined in Tex. R. Civ. P. 97 (f), a third-party claim is brought against someone who the defendant feels is somehow responsible but who is not originally part of the plaintiff’s claim. An indemnity claim against an outside person or company is a good example of a third-party claim. By assigning responsibility to a third party, the defendant may also be able to allocate all or part of the plaintiff’s damages to that third party. See Tex. R. Civ. P. 38, 39, and 40.
Fully understanding how best to answer a lawsuit is a real challenge and requires someone familiar with all the complexities of litigation. A lawyer with such expertise will correctly use these different types of claims to help a defendant successfully oppose allegations.
