-’

cJune 

### 16, 1952

Hon. R. Y. Lindsey, Jr. OpinionNo. 

### v-1461 County Attorney Dawson,County Re: Necessity fQr the answer Lamesa, Texas to plaintiff'spetition in civil suits In justice courts to be in Dear Sir: writing.

~,We refer to yo'ur

req~uest

for an opinion of this office concerning the necessity for a written answer to plaintiff'spetition in civil wits In justice courts, in the light of the amendment ofRule 101 of the Texas Rules of Civil Procedure.

Rule 101, supra, as amended by the Supreme Co,urton October 10, 1951,became effectiveMarch 1, 

### 19520 See 14 Texas Bar Jo,urnal 

### 633. As amended, that rule now reads in part as follows:

"The citation shall be styled 'TheState of Texas' and shall be directed to the defendant and shall commandhim to appear by filing a written answer to the plaintiff'spetltlon at or before 10 o'clock a.m. of the Monday next after the expiration of 20 days after the date of service thereof, statlag the place of holding the court.
. . e Rule 101 Is a part of those rules which **gov** ern civil procedure in the district and county courts. Prior to its amendment, the rule req,uired that the cltations command the defendant "toappear and answer." Now it commands defendant answer." "to appear by filing a written

Rules 523, 525, 

### 526,534,and 

### 535are a part of the rules specificallycontrolling civil practice in the j~ustice

courts. These rules of, procedureread in part as follows:

“Rule 523 n District Co,urt Rules Govern.-- All r,ules governing the district and county courts shall also govern the justice courts,‘-

Hon. R. Y, Lindsey, Jr., page 2 

### (~-1461)

insofar as they can be applied where otherwise speciallyprovidelaw or these rules." [Emphasisadded.)

-. "Rule 525* Oral Pleadings---The pleadings shall be oral, exceptwhere otherwise speciallyprovided;but a brief statement thereofmay be noted on the docket; provided that after a case has been appealed and Is docketed .lnthe co'unty (or district) court all pleadings shall be reduced to writing." "Rule

### 526. Sworn Pleadings,--@ answer or other pleading setting up any of the matters specified in Rule 

### 93 shall be inwriting and signed by the party 0; his attorney and verifiedby affidavit. (Rule 527 contains f,urther provisionswith respect to a plea of privilege.) "Rule

### 534. Citation. When a claim or demand is lodgedwith a justice for suit,he shall issue forthwith citations for the defendant or defendants. The cltation shall require the defendant to appear and answer plaintiff'ssuit at or before 10:00 osclock a.m. on the Monday next after the expiration of ten days from the date of service thereof, and shall state the place of holding the court.
. . 011 "Rule

### 5350 Answer Filed.--Wherecltation has been personally served at least ten days before appearanceday, exclusive of the day of serviceand of return, the answer of the defendant shallbe filed at or before ten o'clock a.m. on such day. II D o . R,ule523, supra, clearlypr,ovides that the rules governing the district and county courts shall be applicable to justicecourt proceedingswhen not in conflict with the existingrules and stahtes relating to civil procedure in the justicecourts. Rule 525, however, provides that the pleadings In a justiceco,urt "shallbe oral" exceptwhere otherwise speciallyprovided. Rule 101, as amended, does not specificallyreq'uire that pleadings in the justicecourts shall be in writing. - -Hon. R. Y. Lindsey, Jr., page 

### 3 (v-1461)

Nor does Rule 101, as amended, In any way modify, supersede, or repeal Rules 525, 

### 526,527, 

### 534,and 

### 535,which exist unchanged to govern civil answers in the justice courts. Therefore, it is the opinion of this office that Rule 101, as amended, does not req,ulre the answer to plaintiff'spetition In civil suits In justice courts to be Inwriting*

You have called our attention to the language InR~ule

### 535which states that the answer of the defendant "shallbe filed." Prior to the adoption of the Rules of Civil Procedure in 1940, Itwas clearly the rule that the defendant'sanswer In the justicecourt 'could be oral unless it set up a matter which was speciallyrequired to,be pleaded In writing. Where the answerwas pleaded orally, a brief statement of its contentswas noted on the docket. Moore v. Jordan, 

### 67Tex. 

### 394,3 S.W. 

### 317 (1887);Lowv. Griffin, 41 S.W. 

### 73 (1897). The officialnotes appended toRule 

### 535 show that the rewording of the prior articles in the civil statutes fromwhich this rule was takenwas for the purpose of changing the time of answering and not the manner of answering. It is our opinlon that the change made by Rule 

### 535was not Intended to require the filing of a written answer In the justice court. SUMMARY Rule 101 of the Texas R~ules of Civil Procedure, as amended, does not req,ulre that answers to plaintiff'spetition in civil nits In justice courts shall be inwriting.
Yours very truly,
APPROVED: PRICE DANIEL Attorney General J, C. Davis, Jr. County Affairs Division Mary K. Wall Reviewing Assistant BY Chester E. Olllson Assistant Charles D. Mathews First Assistant CEO:mh