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Rule 106 - Method of Service (a) Unless the citation or court order otherwise directs, the citation must be served by: (1) delivering to the defendant, in person, a copy of the citation, showing the delivery date, and of the petition; or (2) mailing to the defendant by registered or certified mail, return receipt
A special exception shall not only point out the particular pleading excepted to, but it shall also point out intelligibly and with particularity the defect, omission, obscurity, duplicity, generality, or other insufficiency in the allegations in the pleading excepted to.
The wording of a general denial is straightforward and consistent, stating that the defendant denies ?each and every allegation? in the plaintiff's original complaint as well as ?any and all? additions or amendments to the original petition. A sample general denial recently used by our law firm is detailed below.
A party in a suit or proceeding pending in a court of this state may, by sworn written motion stating that he believes the suit or proceeding is being prosecuted or defended without authority, cause the attorney to be cited to appear before the court and show his authority to act.
P. 92. A general denial of matters pleaded by the adverse party which are not required to be denied under oath, shall be sufficient to put the same in issue.
If there is a genuine reason for the violation, a bail bond reinstatement can be pressed.
A special exception shall not only point out the particular pleading excepted to, but it shall also point out intelligibly and with particularity the defect, omission, obscurity, duplicity, generality, or other insufficiency in the allegations in the pleading excepted to.
SPECIFIC PLEAS MADE UNDER PENALTY OF PERJURY Read Texas Rules of Civil Procedure Rule 93 for a complete list of specific pleas that must be verified or made under the penalty of perjury. The plaintiff does not have the legal capacity to sue or the defendant does not have the legal capacity to be sued.