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Rule 85. Original Answer; Contents (1983)

TEXT

The original answer may consist of motions to transfer venue, pleas to the jurisdiction, in abatement, or any other dilatory pleas; of special exceptions, of general denial, and any defense by way of avoidance or estoppel, and it may present a cross-action, which to that extent will place defendant in the attitude of a plaintiff. Matters in avoidance and estoppel may be stated together, or in several special pleas, each presenting a distinct defense, and numbered so as to admit of separate issues to be formed on them.

Amended by order of June 15, 1983, eff. Sept. 1, 1983: To conform to S.B. 898, 68th Legislature, 1983.

ADVISORY OPINIONS

Question: Are requests for admissions under Rule 169 applicable to a hearing on a plea of privilege and controverting affidavit?

Answer: Yes. Requests for admissions under Rule 169 may be made "at any time after defendant has made an appearance." Under Rule 85 one form of an appearance by the defendant is by an answer which "may consist of pleas of privilege," etc. (Cf. Rule 121) The purpose of the rule is to require admissions of parties as to uncontroverted facts and dispense with proof thereof, and it is applicable to every step in the proceedings after appearance.

5 Tex. B.J. 15 (1942) reprinted at 8 Tex. B.J. 6 (1945).