CAUSE NO.

[CASE NO]

[PLAINTIFF 1] §
§ IN THE DISTRICT COURT OF
Plaintiff, §
§
vs. §
§ [COUNTY] COUNTY, TEXAS
§
[DEFENDANT 1] §
§ [COURT #] JUDICIAL DISTRICT
Defendant. §
§
§

[TITLE OF PLEADING]

DEFENDANT’S ORIGINAL ANSWER AND REQUEST FOR DISCLOSURE

COMES NOW DEFENDANT [DEFENDANT 1] (“Defendant”), and files DEFENDANT’S

ORIGINAL ANSWER AND REQUEST FOR DISCLOSURE, and states as follows:

I. GENERAL DENIAL

1. Pursuant to TEX. R. CIV. P. 92, Defendant asserts a general denial and requests

that Plaintiff be required to prove the charges and allegations against Defendant by a

preponderance of the evidence.

II. SPECIFIC DENIALS

2. Pursuant to TEX. R. CIV. P. 54, Defendant specifically denies that all conditions
precedent to Plaintiff’s claims have been performed or have occurred.

3. Pursuant to TEX. R. CIV. P. 56, Defendant specifically denies that any items of

special or consequential damages have occurred.

III. VERIFIED PLEAS AND DENIALS

4. Pursuant to TEX. R. CIV. P. 52, Defendant specifically denies that it is

incorporated as alleged.

Defendant asserts the following verified denials under TEX. R. CIV. P. 93:
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 5. Plaintiff does not have the legal capacity to sue in this action or the Defendant
does not have the legal capacity to be sued in this action. TEX. R. CIV. P. 93(1).
6. Plaintiff is not entitled to recover in the capacity in which he sues or the

Defendant is not liable in the capacity in which he is sued. TEX. R. CIV. P. 93(2).

7. There is another suit pending in this State between the same parties involving the

same claim. TEX. R. CIV. P. 93(3).

8. There is a defect of parties, plaintiff or defendant. TEX. R. CIV. P. 93(4).

9. Defendant denies the allegation of partnership as alleged. TEX. R. CIV. P. 93(5).

10. Defendant denies the allegation of corporation and/or incorporation as alleged.

TEX. R. CIV. P. 93(6).
11. Defendant denies the execution of the writing upon which the Plaintiff’s pleading

is founded. TEX. R. CIV. P. 93(7).

12. Defendant denies the genuineness of the endorsement or assignment of a written

instrument upon which suit it brought. TEX. R. CIV. P. 93(8).

13. The document sued upon is without consideration and/or consideration has failed

in full or in part. TEX. R. CIV. P. 93(9).

14. Defendant denies the account which is the foundation of the Plaintiff’s action.

TEX. R. CIV. P. 93(10). Defendant also denies that all just and lawful offsets, payments, and

credits have been given or allowed. TEX. R. CIV. P. 185.

15. The contract sued upon is usurious. TEX. R. CIV. P. 93(11).

16. Notice and proof of loss or claim for damages has not been given as alleged. TEX.
R. CIV. P. 93(12).
a. Notice and claim for attorneys’ fees under TEX. CIV. PRAC. & REM. CODE

§ 38.001 et seq. has not been given as alleged or required.

b. Notice and claim under TEX. BUS. & COM. CODE, SECTION 17.41, et seq.,

TEXAS DECEPTIVE TRADE PRACTICES ACT has not been given as alleged or

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 required.
17. A plaintiff or defendant is not doing business under an assumed name or trade

name as alleged. TEX. R. CIV. P. 93(14).

IV. AFFIRMATIVE DEFENSES

Defendant asserts the following affirmative defenses under TEX. R. CIV. P. 94:

18. Defendant asserts accord and satisfaction. TEX. R. CIV. P. 94.

19. Defendant asserts arbitration and award. TEX. R. CIV. P. 94.

20. Defendant asserts assumption of risk. TEX. R. CIV. P. 94.

21. Defendant asserts contributory negligence. TEX. R. CIV. P. 94.

22. Defendant asserts discharge in bankruptcy. TEX. R. CIV. P. 94.

23. Defendant asserts duress. TEX. R. CIV. P. 94.

24. Defendant asserts estoppel and/or estoppel by contract. TEX. R. CIV. P. 94.

25. Defendant asserts failure of consideration. TEX. R. CIV. P. 94.

26. Defendant asserts fraud. TEX. R. CIV. P. 94.

27. Defendant asserts illegality. TEX. R. CIV. P. 94.

28. Defendant asserts injury by fellow servant. TEX. R. CIV. P. 94.

29. Defendant asserts laches. TEX. R. CIV. P. 94.

30. Defendant asserts license. TEX. R. CIV. P. 94.

31. Defendant asserts payment. TEX. R. CIV. P. 94 and TEX. R. CIV. P. 95.

32. Defendant asserts release. TEX. R. CIV. P. 94.

33. Defendant asserts res judicata and/or collateral estoppel and/or issue preclusion

and/or claim preclusion. TEX. R. CIV. P. 94.

34. Defendant asserts statute of frauds. TEX. R. CIV. P. 94.

35. Defendant asserts statute of limitations. TEX. R. CIV. P. 94.

36. Defendant asserts waiver. TEX. R. CIV. P. 94.

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 37. Defendant alleges that the actions and omissions of the Plaintiff and/or other
various third parties were the sole proximate cause of the alleged injuries and damages, if any,

sustained by Plaintiff.

38. Plaintiff has suffered no compensable damage or injury.

39. Defendant pleads that Plaintiff’s request for exemplary damages is limited by
TEX. CIV. PRAC. & REM. CODE § 41.008 Limitation on Amount of Recovery. Additionally,

Defendant moves the Court to bifurcate the determination of the amount of exemplary damages

from the remaining issues in accordance with TEX. CIV. PRAC. & REM. CODE § 41.009. See also

Transp. Ins. Co. v. Moriel, 879 S.W.2d 10, 26-30 (Tex. 1994). Accordingly, no evidence,

including but not limited to the net worth of Defendant, pertaining to the amount of exemplary

damages should be admissible at the liability phase of the trial. TEX. CIV. PRAC. & REM. CODE §

41.011.
V. DEFENDANT’S PLEA OF PAYMENT

40. Defendant has fully paid amounts under the agreement made the basis of the

present lawsuit. TEX. R. CIV. P. 95.

VI. FAILURE TO JOIN INDISPENSABLE PARTIES

41. Plaintiff has failed to join all parties needed for just adjudication. TEX. R. CIV. P.

39.
VI. REQUEST FOR DISCLOSURE TO PLAINTIFF

42. Defendant serves this Defendant’s Request For Disclosure To Plaintiffs pursuant

to TEX. R. CIV. P. 194.

VI. DEMAND FOR JURY TRIAL

43. Defendant demands a trial by jury pursuant to TEX. R. CIV. P. 216 and tenders the

jury fee.
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 WHEREFORE Defendant prays that upon final hearing that Plaintiff take nothing by its

claims; that Defendant recover his costs and reasonable and necessary attorneys’ fees from

Plaintiff; and for such other and further relief to which he may be justly entitled.

Respectfully submitted,

[ATTORNEY NAME]
[STATE BAR #]
[LAW FIRM NAME]
[LAW FIRM ADDRESS]
[ATTORNEY PHONE]
[ATTORNEY FAX]
[ATTORNEY EMAIL]

By: ____________________________________
[ATTORNEY NAME]

ATTORNEYS FOR DEFENDANT

[DEFENDANT 1]

CERTIFICATE OF SERVICE

This is to certify that on this _____ day of __________________, 201_, a true and
correct copy of the foregoing document was served via certified mail, return receipt requested,
upon:

[SERVICE LIST]

[ATTORNEY NAME]

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______________________________________________________________________________

VERIFICATION
______________________________________________________________________________

STATE OF TEXAS §
§
COUNTY OF [COUNTY] §

BEFORE ME, the undersigned authority on this day personally appeared [DEFENDANT

1] who, being first by me duly sworn on oath says that he has read and reviewed the foregoing

answer, that he has personal knowledge of the statements made in Section III and that such

statements are true and correct.

FURTHER, this Affiant sayeth not.”

[DEFENDANT 1]

________________________________
[DEFENDANT 1]

SUBSCRIBED AND SWORN TO BEFORE ME on this the _____ day of ________,

20__, to certify which witness my hand and official seal.

__________________________________
Notary Public in _______ County, ______

__________________________________
Printed Name of Notary

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