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Rule 84. Answer May Include Several Matters (1962)
TEXT
The defendant in his answer may plead any 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, special appearance and plea of privilege and the practice thereunder being excepted herefrom.
Amended by order of April 12, 1962, eff. Sept. 1, 1962: Words "special appearance and" inserted before "plea of privilege."
| Prior Amendments | Future Amendments |
|---|---|
| Oct. 29, 1940, eff. Sept. 1, 1941 | June 15, 1983, eff. Sept. 1, 1983 |
| Oct. 12, 1949, eff. March 1, 1950 |
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).