Answer
The defendant's responsive pleading to a petition or complaint, addressing each allegation and asserting affirmative defenses or counterclaims. Establishes the issues for litigation; some defenses are waived if not raised in the required order, and an affirmative defense that is never pleaded is generally waived.
The answer is the defendant's responsive pleading to a petition or complaint, addressing each allegation and asserting any affirmative defenses or counterclaims. The answer establishes the issues for litigation and may waive defenses not properly raised.
Texas general denial
Under TRCP 92, a defendant may file a general denial that puts in issue the matters pleaded by the plaintiff that are not required to be denied under oath. Federal practice differs: FRCP 8(b) generally requires a response to each allegation and allows a general denial only when the party in good faith denies every allegation, including the jurisdictional grounds. The general denial significantly reduces drafting burden in Texas state court.
Verified denials
Certain issues require verified specific denials under TRCP 93, including denial of execution of a written instrument, denial of partnership as alleged, denial that a party is incorporated as alleged, and a challenge to a party's legal capacity to sue or be sued. Without a verified plea, these matters are generally treated as established. Rule 93(7) provides that an instrument whose execution is not denied under oath is received in evidence as fully proved.
Affirmative defenses
Defenses that avoid the cause of action even if all alleged facts are true (statute of limitations, payment, release, accord and satisfaction, fraud, waiver) must be specifically pleaded under TRCP 94, not by general denial.
Counterclaims
Defendants may assert counterclaims against the plaintiff under TRCP 97. A compulsory counterclaim under TRCP 97(a) must be asserted in the pending suit, though it may be added by amended pleading, and one that is omitted can be barred in later litigation. Permissive counterclaims may be asserted at the defendant's discretion.
Timing
Texas state court: typically 10:00 a.m. on the Monday following 20 days after service. Federal court: 21 days after service of summons and complaint, or, if service is waived, 60 days after the waiver request was sent (90 days if it was sent outside the United States). The United States and its agencies, and federal officers sued in an official capacity, have 60 days after service on the U.S. attorney.
An affirmative defense that is never pleaded is generally waived unless the issue is tried by consent under TRCP 67, and pleadings may be amended without leave until seven days before trial under TRCP 63. Failing to verify a matter that TRCP 93 requires to be verified generally concedes it.
Practice guide: How Long a Business Lawsuit Takes in Texas