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; failure to raise certain defenses by the deadline waives them.
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 at issue all matters that may be proved by the plaintiff. The general denial is a Texas-specific procedural device, federal practice requires specific responses to each allegation under FRCP 8(b). 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 or corporate status, and denial of authority to sue or be sued. Failure to verify-deny these matters means they are admitted.
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. Compulsory counterclaims must be asserted in the answer or are waived. 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 60 days for U.S. defendants and waivers of service.
Failure to plead an affirmative defense by the deadline waives it. Failure to verify-deny matters requiring TRCP 93 verification admits them. Sophisticated answer drafting includes all known affirmative defenses (even speculative ones) to preserve them.
Practice guide: How Long a Business Lawsuit Takes in Texas