Gammel's Rules of the Courts of Texas Page: 41 of 70
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TEXAS COURT RULES.
other instrument of writing, such as a deed, will, document, record
of court, or agreement, which is not sued on as a cause of action by
plaintiff, or set up as a matter relied on in defense by dTeendant, but
is designed to be used only as evidence of some fact that is alleged,
shall be made an exhibit in the pleading; and when it shall be so
attempted, by attaching such instrument and referring to it as such,
the court will, of its own motion, or at the instance of a party, cause
the instrument to be detached from the pleading, and adjudge it to
constitute no part thereof, by an order of court entered of record,
at the cost of the party violating this rule, so as to prevent the pleadings
from being incumbered, with that which is, or may be, the only
evidence in the case.
20. The office of a general denial by the defendant is to throw the
burden of proof, as to the allegation denied, on the plaintiff. The
defendant cannot be permitted under this plea to introduce special
matters in avoidance or estoppel, in evidence for his defense. And
the same rule prevails when it is filed by plaintiff to facts in thecross-action
or answer of defendant.
21. The clerk shall keep a motion docket in which all motions,.
when filed, shall be placed, with the names of the parties and counsel,
with the date of filing and its number and the number of the case,
which filing shall be considered notice of said motion before the
continuance or final disposition of the case for the term, except where
it is otherwise provided for by statute.
22. The court will set apart a particular day each week of the
term, when the motions previously made, in which proper notice has
been given, shall be determined, if urged, unless for good cause
they are postponed to a day during the term, or continued by consent
to the next term.
23. When notice shall be given of objections to the form or manner
of taking and returning depositions, either party may require it to
be put on the motion docket and tried as other motions; provided, if
not tried sooner, it shall be decided before either party shall be
required to announce readiness for trial on the facts.
DILATORY PLEAS, MOTIONS AND EXCEPTIONS, WHICH DO NOT GO TO TH]E
MERITS OF THE CAUSE.
24. All dilatory pleas, and all motions and exceptions relating
to a suit pending, which do not go to the merits of the case, shall
be tried at the first term to which the attention of the court shall
be called to the same, unless passed by agreement of parties with
the consent of the court; and all such pleas and motions shall be
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Moffett, James William. Gammel's Rules of the Courts of Texas, book, 1922; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth5836/m1/41/: accessed March 23, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .