The Due Order of Pleading rule provides that certain defenses are waived if not presented in "due order." As a general rule, the defendant's answer may include any defenses he has, whether of law or fact, dilatory or merits-based, 2 and the trial court may take up these issues in any order it directs.
Rule 162. Dismissal or Non-suit (1988) At any time before the plaintiff has introduced all of his evidence other than rebuttal evidence, the plaintiff may dismiss a case, or take a non-suit which shall be entered in the minutes.
That bright line or “two-dismissal” rule is: “If a plaintiff has once dismissed an action, a dismissal by notice of a second action based on or including the same claim, amounts to an adjudication on the merits.
No default judgment shall be granted in any cause until the citation, with the officer's return thereon, shall have been on file with the clerk of the court ten days, exclusive of the day of filing and the day of judgment. Source: Arts. 2034, 2036.
Rule 21 requires the clerk on the filing of the motion to make the proper entries concerning it on the motion docket, and renders such filing and entry sufficient notice, since the motion is one in a pending suit. As these entries are to be made by the clerk, any failure to make them is the fault of the clerk.
At any time before the plaintiff has introduced all of his evidence other than rebuttal evidence, the plaintiff may dismiss a case, or take a non-suit, which shall be entered in the minutes.
The Court requires at least five (5) days written notice to all parties, unless otherwise shortened by the Court, agreed to by all parties, or the Texas Rules of Civil Procedure require different deadlines. The failure to file a notice of hearing will result in the Court passing the hearing.
Eleventh Step Prayer Open and clear from the confusion of daily life. Freedom from self-will, rationalization, and wishful thinking. I pray for the guidance of correct thought and positive action. Your will Higher Power, not mine, be done.
BIBLE TEXT: 7 Hear me as I pray, O Lord. Be merciful and answer me! My heart has heard you say, “Come and talk with me.” And my heart responds, “Lord, I am coming.” Do not turn your back on me.
The Freedom Prayer Ministry is a personal prayer ministry where individuals can schedule a focused prayer time with members of Dallas Bible's prayer team. The main goal of the prayer ministry is to allow the Holy Spirit to identify and to address things hindering a deeper personal relationship with God.