Chapter 14-3 Defect of Parties

• Jurisdiction: United States

14-3 Defect of Parties

A "defect of parties" generally refers to joinder problems involving necessary or indispensable parties, plaintiff or defendant, and must be raised by a verified pleading.¹⁴ The party must plead that there is a defect of parties in that a particular absent party is a necessary party and has not been joined.¹⁵ This verification must be based on personal knowledge.¹⁶ Any defect of parties not raised and objected to in a verified denial is waived on appeal.¹⁷

A pleading alleging the following matters regarding a defect of parties must be verified:

An absent party is necessary; and

Has not been joined in the claim.

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Notes:

^[14] CHCA East Houston, L.P. v. Henderson, 99 S.W.3d 630, 633 (Tex. App.—Houston [14th Dist.] 2003).

^[15] See Tex. R. Civ. P. 93(4); 1 West's Tex. Forms, Cred. Rem. & Debt. Rights § 11:76 (4th ed. 2014).

^[16] Cantu v. Holiday Inns, Inc., 910 S.W.2d 113, 116 (Tex. App.—Corpus Christi 1995, writ denied).

^[17] Santa Fe Petroleum, L.L.C. v. Star Canyon Corp., 156 S.W.3d 630, 641 (Tex. App.—Tyler 2004, no pet.).