Tex. Rule 92 - General Denial, Tex. R. Civ. P. 92 - Casetext Most of the case law ignores a construction of that bit. by clicking the Inbox on the top right hand corner. App.--Dallas 2009, pet. Accessing Verdicts requires a change to your plan. 0 44 App.--Houston [14th Dist.] Id. So what facts could his affidavit possibly attest to be true and correct? 312.011(1)(Vernon 1998). Look at the Rule again: it can be rephrased - "A pleading of Rule 93 subject matters must be verified by affidavit, unless the record is so clear about it verification isn't necessary." See, e.g., Stettner v. Apollo Paint & Body Shop, 2004 Tex. (c) If a party has no objection or fails to file a timely verified response to the trustee's verified denial, the trustee shall be dismissed from the suit or proceeding without prejudice. While no particular form or words are required by Rules 185 and 93 (10) for a verified denial, the defendant's sworn answer must sufficiently deny the account upon which plaintiff's claim is founded. The Olivers denied the account upon which Carter & Co.=s claim is based with specific facts. (mem. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. . 1994, no writ). At the same time, the defendant=s denial must be written and supported by an affidavit denying the account. Brown involved a sworn account where the defendant=s trial pleading read in relevant part, ASUBSCRIBED AND SWORN TO before me, the undersigned authority, by Robert L. Brown, known to me to be the Vice-President of Brown Foundation Repair and Consulting, Inc., to certify which witness my hand and seal of office this 28 day of June, 1985. In its summary judgment, the trial court stated: Having considered the Plaintiff=s Motion, the Pleadings and Affidavits on file herein as well as the argument of counsel, the Court finds that Plaintiff=s suit is founded upon a sworn account, but that the Defendant has failed to file a Response in compliance with the Texas Rules of Civil Procedure, and that no such Response has been timely tendered; it is, therefore, ORDERED that such Response not be filed in the record of this cause. Source: Arts.
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