Texas Answer Filing Checklist

Texas Answer Filing Checklist

Court: [________________________________] District Court

County: [________________________________], Texas

Cause Number: [________________________________]

Case Style: [________________________________] v. [________________________________]

Defendant: [________________________________]

Filing Attorney: [________________________________]

Date Prepared: [__/__/____]

I. Answer Deadline Calculation

Service Information

☐ Date of service: [__/__/____]
☐ Method of service: [________________________________]

Answer Due Date (TRCP 99)

☐ Monday after 20 days from service date
☐ Count 20 calendar days from service date
☐ Due date falls on: [__/__/____]
☐ If Monday is holiday, next business day

Extension of Time

☐ Extension by agreement
☐ Extension by motion
☐ New deadline: [__/__/____]

II. Pre-Answer Considerations

Rule 12 Motion (Special Appearance)

☐ Special Appearance filed (TRCP 120a)
☐ Contest personal jurisdiction
☐ Must be filed BEFORE any other pleading
☐ Does not waive jurisdictional objection

Motion to Transfer Venue

☐ Venue improper
☐ Motion to transfer filed
☐ File with or before answer

Other Pre-Answer Motions

☐ Motion to quash citation
☐ Motion for special exceptions
☐ Motion to abate

III. Answer Types

General Denial (TRCP 92)

☐ Single-sentence denial
☐ "Defendant generally denies each and every allegation..."
☐ Puts plaintiff to proof of entire case
☐ Preserves most defenses

Specific Denial

☐ Paragraph-by-paragraph response
☐ Each allegation admitted, denied, or denied for lack of knowledge
☐ More detailed than general denial

Verified Denial (TRCP 93)

☐ Required for certain matters:
☐ Denial of execution of written instrument
☐ Denial of partnership or capacity
☐ Denial of corporate existence
☐ Denial of agency
☐ Payment
☐ Limitations
☐ Others listed in Rule 93
☐ Sworn to by party
☐ Notarized

IV. Affirmative Defenses (TRCP 94)

Common Affirmative Defenses

☐ Accord and satisfaction
☐ Arbitration and award
☐ Assumption of risk
☐ Contributory negligence
☐ Duress
☐ Estoppel
☐ Failure of consideration
☐ Fraud
☐ Illegality
☐ Laches
☐ License
☐ Payment
☐ Release
☐ Res judicata
☐ Statute of frauds
☐ Statute of limitations
☐ Waiver
☐ Other: [________________________________]

Pleading Requirement

☐ Each affirmative defense separately stated
☐ Supporting facts alleged
☐ "Defendant pleads the affirmative defense of..."

V. Counterclaims and Cross-Claims

Counterclaim (TRCP 97)

☐ Claims against plaintiff arising from same transaction
☐ Compulsory counterclaim considered
☐ Permissive counterclaim considered
☐ Counterclaim included in answer

Cross-Claim (TRCP 97)

☐ Claims against co-defendant
☐ Arising from same transaction
☐ Cross-claim included

Third-Party Practice (TRCP 38)

☐ Claims against non-party
☐ Third-party petition filed

VI. Required Documents

Original Answer

☐ Caption with court, county, cause number
☐ Title: "Defendant's Original Answer"
☐ General denial and/or specific responses
☐ Affirmative defenses
☐ Counterclaim (if any)
☐ Prayer
☐ Attorney signature block
☐ Certificate of service

Verification (if required)

☐ Sworn by party
☐ Notarized
☐ Attached to answer

VII. E-Filing

E-Filing Requirements

☐ E-file via approved e-filing service provider
☐ Document in PDF format
☐ Certificate of service included
☐ Filing fee (if first paper)

First Paper Filing Fee

☐ If first filing by this party: Filing fee applies
☐ Fee amount: [________________]
☐ OR fee waiver request

VIII. Service of Answer

Service on Opposing Counsel

☐ Certificate of service completed
☐ Service method:
☐ E-service (through e-filing system)
☐ Email (if agreed)
☐ Mail
☐ Hand delivery
☐ Date of service: [__/__/____]

IX. Post-Answer Deadlines

Discovery

☐ Initial disclosures due: 30 days after first answer (Level 2)
☐ Discovery control plan level: [____]
☐ Discovery period opened

Scheduling

☐ Scheduling order expected
☐ Trial date to be set

X. Special Appearance (TRCP 120a)

If Contesting Personal Jurisdiction

☐ File BEFORE answer
☐ Special appearance motion
☐ Supporting affidavit
☐ Does not waive jurisdictional challenge

Timing

☐ Must be first filing (before answer)
☐ Can file answer "subject to" special appearance
☐ Hearing set: [__/__/____]

XI. Motion for Special Exceptions (TRCP 91)

Grounds for Special Exceptions

☐ Petition fails to state a cause of action
☐ Petition is vague or ambiguous
☐ Specific defects identified

Procedure

☐ File motion pointing out defects
☐ May file with answer
☐ Hearing requested

XII. Quality Control Checklist

Before Filing

☐ Answer deadline verified
☐ General denial or specific responses
☐ All affirmative defenses pleaded
☐ Verified denial (if required) properly executed
☐ Counterclaim/cross-claim considered
☐ Special appearance filed first (if applicable)
☐ Certificate of service prepared

After Filing

☐ File-stamped copy received
☐ Opposing counsel served
☐ Deadlines calendared
☐ Client informed

XIII. Document Tracking Log

XIV. Key Deadlines

Sources and References

• Texas Rules of Civil Procedure: https://www.txcourts.gov/rules-forms/rules-standards/
• eFileTexas: https://efiletexas.gov
• Texas State Law Library: https://guides.sll.texas.gov

Prepared by: [________________________________]

Date: [__/__/____]

Supervising Attorney (if applicable): [________________________________]