Gammel's Rules of the Courts of Texas Page: 44 of 70
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TEXAS COURT RULES.
ant, or unless the defendant, or all of the defendants, if there should
be more than one, shall, after the issues of fact are settled and before.
the trial commences, admit that the plaintiff has a good cause of
action as set forth in the petition, except so far as it may be defeated,
in whole or in part, by the facts of the answer constituting
a good defense, which may be established on the trial; which admission
shall be entered of record, when the defendant, or the defendants,
if more than one, shall have the right to open and conclude
in adducing the evidence and in the argument of the cause.
32. The court shall not be required to allow a case to go to trial
on the facts, when the pleadings are obviously so defective that a
material issue has not been formed, and in such case the court shall
call the attention of the parties to such immaterial or defective issue,
so that the time of the court may not be wasted.
33. A party who abandons any part of his cause of action or
defense, as contained in the pleadings, may have that factlentered
of record, so as to show that the matters therein were not tried, and
he shall be taxed with the cost incurred upon such pleadings so abandoned.
He shall also be taxed with the cost incurred upon pleading,
in support of which no evidence was offered, to be determined by
the court on motion at the term of the trial, and not afterwards.
COUNSEL AND ARGUMENTS.
34. Counsel for plaintiff, or for defendant, when he holds the
affirmative of the issue, shall have the right to open and conclude,
but if he waives the right to open the argument, he shall not have
the right to conclude. This rule will apply to motions, exceptions to
evidence, and all other matters presented to the court, except in rules
to show cause, in which the party called on shall begin and end his
35. An application for first continuance shall not be argued.
36. In all arguments, and especially in arguments on the trial of
the case, the counsel opening shall present his whole case as he relies
on it, both of law and facts, and shall be heard in the concluding
argument only in reply to the counsel on the other side.
37. Counsel for an intervener shall occupy the position in the
argument asgisned by the court, according to the nature of the
r38. Arguments on questions of law shall be addressed to the court,
and counsel shall state the substance of the authorities referred to
without reading more from books than may be necessary to verify the
statement. On a question on motions, exceptions to the evidence and
other incidental matters, the counsel will be allowed only such argument
as may be necessary to present clearly the question raised and
refer to the authorities on it, unless further discussion is invited by
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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/m1/44/: accessed March 23, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .