Texas Attorney General Opinion: V-1461 Page: 1 of 3
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AiitN fl, 'TXAS
June 16, 1952
Hon. R. Y. Lindsey, Jr. Opinion No. V-1461
Dawson County Re: Necessity for the answer
Lamesa, Texas to plaintiff's petition
in civil suits in jus-
tice courts to be in
Dear Sir: writing.
We refer to your request for an opinion of
this office concerning the necessity for a written
answer to plaintiff's petition in civil suits in jus-
tice 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
Court on October 10, 1951, became effective March 1i,
1952. See 14 Texas Bar Journal 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 defend-
ant and shall command him to appear by filing
a written answer to the plaintiff's petition
at or before 10 o'clock a.m. of the Monday
next after the expiration of 20 days after
the date of service thereof, stating the
place of holding the court. . .
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 required that the cita-
tions command the defendant "to appear and answer." Now
it commands defendant "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 justice courts. These rules of procedure read
in part as follows:
"Rule 523. District Court Rules Govern.--
All rules governing the district and county
courts shall also govern the Justice courts,
THE, ATTORNEY GE,.,jNERAL
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Texas. Attorney-General's Office. Texas Attorney General Opinion: V-1461, text, 1952; (texashistory.unt.edu/ark:/67531/metapth266279/m1/1/: accessed September 23, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.