Back to Main Page / Back to List of Rules

Rule 84. Answer May Include Several Matters (1950)

TEXT

The defendant in his answer may plead as many several matters, whether of law or fact, as he may think necessary for his defense, and which may be pertinent to the cause, and such pleas shall be heard in such order as may be di­rected by the court, plea of privilege and the practice thereunder being excepted herefrom.

Amended by order of Oct. 12, 1949, eff. March 1, 1950: The requirement that defensive matters must be filed at the same time and in due order of pleading has been eliminated, and the provisions of the last clause have been changed to allow pleas to be heard in such order as the court may direct, excepting a plea of privilege.

ADVISORY OPINIONS

Question: Was the repeal of Article 2013 at the time of the adoption of the Rules on September 1, 1941, intentional?

Answer: Yes. Article 2013 required that dilatory pleas be disposed of during the term at which they were filed. Rules 84, 166, and 175 require them to be dis­posed of before the trial on the merits. The tendency is to depart from term time as a limitation upon procedural steps, and the requirement of disposition before the trial on the merits is thought to be a sufficient deterrent of dilatory tactics.

5 Tex. B.J. 53 (1942) reprinted in 8 Tex. B.J. 7 (1945).