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Rule 84. Answer May Include Several Matters
The defendant in his answer may plead as many several matters, whether of law or fact, as he shall think necessary for his defense, and which may be pertinent to the cause; provided, that he shall file them all at the same time and in due order of pleading; and such pleas shall be heard in such order under the direction of the court.
Source: Arts. 2006 (part), 2012.
Change: These two articles have been combined with minor textual change. See also Rule 92 for balance of Art. 2006.
Oct. 29, 1940, eff. Sept. 1, 1941.
Oct. 12, 1949, eff. March 1, 1950
April 12, 1962, eff. Sept. 1, 1962
June 15, 1983, eff. Sept. 1, 1983
Question: Was the repeal of Article 2013 at the time of the adoption of the Rules on September 1, 1941, intentional?
Answer: Yes. Article 2013 required that dilatory pleas be disposed of during the term at which they were filed. Rules 84, 166, and 175 require them to be disposed of before the trial on the merits. The tendency is to depart from term time as a limitation upon procedural steps, and the requirement of disposition before the trial on the merits is thought to be a sufficient deterrent of dilatory tactics.
5 Tex. B.J. 53 (1942) reprinted in 8 Tex. B.J. 7 (1945).