Houston Texas Original Answer and Special Expectations
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FAQ
Judge, 298th Judicial District of Texas. I. The special exception is a procedural device by which a party can question the sufficiency in law of his opponent's claim, raise dilatory matters shown on the face of the pleadings, and point out formal defects in particular allegations.
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
If you file an answer ? referred to in Texas as the ?respondents original answer? ? it serves as a general denial of your spouse's allegations and entitles you to notice of future proceedings.
An Answer is sometimes called an ?Original Answer? or a ?General Denial.? There is no fee to file an Answer. You are required to send a copy of the Answer you file to the person who signed the lawsuit against you and keep a copy for yourself.
A special exception can be filed to chal- lenge pleadings that allege no viable cause of action. ?If the plaintiff's suit is not permitted by law, the defendant may file special exceptions and a motion to dismiss.?7 The prevailing party is not entitled to attorneys' fees for special exceptions.
In Texas, it is sufficient for the Respondent to file a ?general denial? answer ? that is, as the name suggests, an answer that generally denies the Petitioner's allegations. The Respondent also has the opportunity to deny specific allegations in the Petition.
The biggest thing to remember is that respondents must file their answers within 20 days of having been served with an original petition. If an answer is not filed within basically 20 days of being served with an original petition, then you may be able to proceed with the divorce without input from your spouse.
If you do not file an answer, the divorce can go ahead without you. Your spouse will get a default judgment. You will not have any input about what happens to your property, your debts, and possibly issues involving your children. If the divorce is contested, you also have the opportunity to file a counter-petition.
Yes. In Texas, an answer is due by 10 a.m. on the Monday after 20 days from the date of service. To determine the deadline, find the day you received the petition, count 20 days, including weekends and holidays, and go to the next Monday. That is the day a response is due.
File (turn in) your completed answer form with the court. To file online, go to E-File Texas and follow the instructions. To file in person, take your answer (and copies) to the district clerk's office in the county where the plaintiff filed the case.