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cJune 16, 1952 

Hon. R. Y. Lindsey, Jr. Opinion No. v-1461 

County Attorney 

Dawson,County Re: Necessity fQr the answer 

Lamesa, Texas to plaintiff's petition 

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's petition in civil wits In justice courts, in the light of the amendment of Rule 101 

of the Texas Rules of Civil Procedure. 

Rule 101, supra, as amended by the Supreme 

Co,urt on October 10, 1951, became effective March 1, 

1952 0 See 14 Texas Bar Jo,urnal 633. As amended, that 

rule now reads in part as follows: 

"The citation shall be styled 'The State 

of Texas' and shall be directed to the defendant and shall command him to appear by filing 

a written answer to the plaintiff's petltlon 

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 govern civil procedure in the district and county courts. 

Prior to its amendment, the rule req,uired that the cltations command the defendant "to appear and answer." Now 

it commands defendant 

answer." 

"to appear by filing a written 

Rules 523, 525, 526, 534, and 535 are a part 

of the rules specifically controlling civil practice 

in the j~ustice courts. These rules of, procedure read 

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, 
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Hon. R. Y, Lindsey, Jr., page 2 (~-1461) 

insofar as they can be applied 

where otherwise specially providelaw 

or these rules." [Emphasis added.) 

-. 

"Rule 525* Oral Pleadings---The 

pleadings shall be oral, except where 

otherwise specially provided; but a brief 

statement thereof may be noted on the 

docket; provided that after a case has 

been appealed and Is docketed .ln the 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 in writing and signed by the party 0; 

his attorney and verified by affidavit. 

(Rule 527 contains f,urther provisions with 

respect to a plea of privilege.) 

"Rule 534. Citation. When a claim 

or demand is lodged with 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's suit 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.--Where cltation has been personally served at least 

ten days before appearance day, exclusive 

of the day of service and of return, the 

answer of the defendant shall be filed at 

or before ten o'clock a.m. on such day. 

II D o . 

R,ule 523, supra, clearly pr,ovides that the 

rules governing the district and county courts shall be 

applicable to justice court proceedings when not in conflict with the existing rules and stahtes relating to 

civil procedure in the justice courts. Rule 525, however, provides that the pleadings In a justice co,urt 

"shall be oral" except where otherwise specially provided. Rule 101, as amended, does not specifically req'uire 

that pleadings in the justice courts shall be in writing. 

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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's petition In civil suits In justice courts 

to be In writing* 

You have called our attention to the language 

In R~ule 535 which states that the answer of the defendant 

"shall be filed." Prior to the adoption of the Rules of 

Civil Procedure in 1940, It was clearly the rule that the 

defendant's answer In the justice court 'could be oral unless it set up a matter which was specially required to,be 

pleaded In writing. Where the answer was pleaded orally, 

a brief statement of its contents was noted on the docket. 

Moore v. Jordan, 67 Tex. 394, 3 S.W. 317 (1887); Low v. 

Griffin, 41 S.W. 73 (1897). The official notes appended 

to Rule 535 show that the rewording of the prior articles 

in the civil statutes from which this rule was taken was 

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 535 was 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's petition in civil nits 

In justice courts shall be in writing. 

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 

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