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Rule 121. Answer Is Appearance


An answer shall constitute an appearance of the defendant so as to dispense with the necessity for the issuance or service of citation upon him.

Source: R. C. S. Art. 2047, unchanged.

Oct. 29, 1940, eff. Sept. 1, 1941.


Question: Are requests for admissions under Rule 169 applicable to a hearing on a plea of privilege and controverting affidavit?

Answer: Yes. Requests for admissions under Rule 169 may be made "at any time after defendant has made an appearance." Under Rule 85 one form of an appearance by the defendant is by an answer which "may consist of pleas of privilege," etc. (Cf. Rule 121) The purpose of the rule is to require admissions of parties as to uncontroverted facts and dispense with proof thereof, and it is applicable to every step in the proceedings after appearance.

5 Tex. B.J. 15 (1942) reprinted at 8 Tex. B.J. 6 (1945).

9 Tex. B.J. 92 (1946)