How To File an Answer to a Lawsuit in Texas.
One of the first and most important steps in defending a lawsuit in Texas is filing an answer. Filing an answer tells the court that the defendant intends to participate in the case and prevents the plaintiff from obtaining a default judgment.
Understanding how the answer process works can help defendants avoid costly procedural mistakes.
The Deadline for Filing an Answer
Texas has a distinctive answer deadline.
Under the Texas Rules of Civil Procedure, a defendant must file an answer by 10:00 a.m. on the Monday following 20 days after service of the citation and petition.
This deadline arises from Texas Rule of Civil Procedure 99.
If the defendant fails to file an answer before the deadline, the plaintiff may request a default judgment under Rule 239. Texas Rule of Civil Procedure 239a also requires notice of a default judgment to be mailed to the defendant after the judgment is signed.
What an Answer Contains
Many answers in Texas civil cases begin with a general denial under Texas Rule of Civil Procedure 92.
A general denial requires the plaintiff to prove the allegations in the petition and allows the defendant to challenge those claims during discovery and at trial.
Depending on the case, an answer may also include affirmative defenses, jurisdictional challenges, or other procedural defenses.
Filing the Answer With the Court
In most Texas courts, pleadings must be filed through the Texas electronic filing system (eFileTexas).
After the answer is filed with the court, the defendant must also serve a copy on the plaintiff or the plaintiff’s attorney in accordance with Texas Rule of Civil Procedure 21a.
Once an answer is filed, the case becomes contested and proceeds through the litigation process.
What Happens After an Answer Is Filed
After an answer is filed, the parties must exchange initial disclosures under Texas Rule of Civil Procedure 194 unless the court orders otherwise.
These disclosures generally must be served within 30 days after the answer is filed.
The case then proceeds through discovery. Discovery tools may include:
interrogatories
requests for production
requests for admission
depositions
Courts may also schedule hearings, mediation, and trial settings depending on the nature and complexity of the dispute.
Businesses and the Attorney Requirement
Individuals may represent themselves in Texas courts. Businesses are treated differently.
Corporations and limited liability companies generally must appear through licensed counsel because allowing a non-lawyer to represent the company would constitute the unauthorized practice of law under Texas Government Code § 81.102.
If you are unsure whether your company must hire a lawyer, see our article “Can an LLC or Corporation Represent Itself in Court in Texas?” for a detailed explanation.
Final Thoughts
Filing an answer is one of the most important procedural steps in defending a lawsuit. The deadline arrives quickly, and missing it can lead to a default judgment.
Understanding the answer deadline and the steps that follow can help defendants protect their rights and begin preparing their defense.
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