Chapter 14-5 Denial of Execution of Written Instrument

• Jurisdiction: United States

14-5 Denial of Execution of Written Instrument

Defendant must deny, in a verified pleading, that the written instrument upon which plaintiff's petition is founded in whole or in part and which is charged to have been executed by a particular defendant or party, was executed by him or her or under his or her authority.²³

When a claim is based on the execution of a written instrument and the defendant does not deny under oath the execution of the instrument, "the instrument shall be received as evidence as fully proved."²⁴

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Notes:

^[23] Tex. R. Civ. P. 93(7); Sec. & Commc'ns Sys., Inc. v. Hooper, 575 S.W.2d 606, 608 (Tex. Civ. App.—Dallas 1978, no writ) (defendant must specifically deny an agent's authority to enter into a written agreement in a verified denial).

^[24] Escalante v. Luckie, 77 S.W.3d 410, 418 (Tex. App.—Eastland 2002, pet. denied).