AuthorScott Brister (Ret.)/Dan S. Boyd
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Abandonment of Actions
Dismissal of actions, 37:365
Partial summary judgment, abandonment as nonsuit, 36:62
Abatement of Proceedings
See also Plea in Abatement
Failure to give notice of claim, 3:22
Venue, transfer motion does not abate proceedings, 9:177, 9:199
Abuse of Discretion. See Discretion of Court
Accord and Satisfaction
Affirmative defense, 14:318
Accounts and Accounting
Escrow account. See Escrow Account
Statutes of limitations
Accountants and auditors, professional negligence or malpractice, 3:276–278
Open account or account stated, 3:135
Partnership accounting, 3:136
Sworn account
Allegation in petition, 14:222
Special denial requiring verification, 14:283
Temporary injunction freezing account, interlocutory appeal, 17:332
Ad Valorem Tax Suits. See Taxes
Addresses, Telephone Numbers, and Web Addresses
Corporation’s notice of address change, Secretary of State, 10:164
Government searches, websites for, 2:47
Texas Secretary of State, 10:50
Administrative Proceedings
Exhaustion of remedies. See Exhaustion of Administrative Remedies
Plea in abatement, pending proceedings, 14:385, 15:182
Service, review of administrative agency’s action, 10:20, 10:86
See also Requests for Admissions
Amended pleadings, original pleading used as admission, 15:61
Party-opponent’s admissions, 28:31
Settlement leverage, admissions as, 28:23
Failure to answer as deemed admission, 14:244, 14:258, 14:265
Interrogatories, 30:64
Judicial admissions
Pleadings, 14:16–18, 14:471
Service, 10:528
Summary judgment motion, 36:311, 36:346
Statutes of limitations
Generally, 3:317
Discovery rule, effect on adoptee’s claim to inherit from birth parent, 3:419
Adverse Possession
Statutes of limitations, 3:302–312, 3:473
(Rev. 10, 4/13)
Deceptive advertisements, effect on jurisdiction, 8:292, 8:331
Doing business in state, effect of advertising for Texas business on jurisdiction, 8:216
Affidavits and Declarations
Authenticating affidavit, 36:271
Capacity defense, affidavit supporting, 6:188
Class action certification, affidavits submitted after certification order, 6:697
Common interest (joint defense) privilege, 25:284
Contempt for violation of injunction, affidavit supporting motion for, 17:310
Corporate status, denial of by affidavit, 14:279
Corporation’s agent cannot be found, showing diligence in affidavit or return of service, 10:162
Default judgment motion, affidavit defendant not in military, 37:55
Discovery disputes, use of affidavits, 32:11, 32:16
Fraudulently-joined defendants, 9:495
Impartial trial, affidavits supporting or opposing motion for transfer from proper venue, 9:325, 9:327, 9:329
Indigency, affidavit of, 6:100, 17:254
Inmates, 6:107–108
Jurat, 14:51
Motions, 16:58–66, 16:148
Physical and mental examinations, affidavits included with motion for order for Rule 204 exam, 29:135, 29:151
Plea in abatement, 15:218
Plea to jurisdiction, 15:134, 15:143
Presuit investigation, perpetuating testimony with affidavits of witnesses, 2:62
Request for production and inspection, affidavits supporting motions to compel or for sanctions, 27:273
Requests for admissions, motion for relief from RFA response, 31:206, 31:208, 31:220
Common interest (joint defense) privilege, service of affidavits before hearing, 25:284
Delays in service, affidavit explaining, 10:32
Motion for new trial, 10:556
Publication, affidavit’s residence unknown or defendant transient, 10:248
Publication, supporting affidavit, 10:264–265
Substituted service under Rule 106(b), affidavit supporting motion, 10:129–132
Special appearance, 8:382–384, 8:391, 8:424, 8:426–428, 8:437
Summary judgment motion. See Summary Judgment
TRO or temporary injunction supported by affidavits, 17:177, 17:205
Undisclosed witness, affidavit of for summary judgment, 30:160
Venue improper, affidavits supporting or opposing motion, 9:229, 9:236–237, 9:243, 9:254–255
Verifying affidavit, 14:49–50
Affirmative Defenses
Arbitration. See Arbitration
Assumption of risk. See Assumption of Risk
Bankruptcy. See Bankruptcy and Insolvency
Counterclaim compared, 14:308
Defective statement of affirmative defense, challenging, 14:313
Duress. See Duress
Estoppel. See Estoppel
Fraud. See Fraud and Misrepresentation
Identifying defenses, 14:307
“Inferential rebuttal” compared, 14:310
Justification, 14:353
Laches. See Laches
Liberal construction, 14:312
“Matters in avoidance” of defense, affirmative defenses to affirmative defenses, 14:297, 14:309, 14:334
Nature and effect of, 14:304
Other affirmative defenses, 14:342–367
Pleading if in doubt, 14:311
Release. See Release
Res judicata. See Res Judicata
Response to, 14:452
Special exceptions to raise affirmative defense, 14:374, 15:02, 15:70
Statute of frauds. See Statute of Frauds
Statutes of limitations. See Statutes of Limitations
Summary judgment motion, 36:02, 36:389
TRCP 94, defenses under, 14:318–337
Waived unless pleaded, 14:305–306, 14:337
Waiver. See Waiver
Agents and Agency
Discovery rule, effect on accrual of cause of action, 3:413
Foreign corporation without certificate of authorization to do business, capacity of agent to sue, 6:145
Jurisdiction issues, 8:200, 8:329–333
Physical and mental examinations, 29:21
Privilege holder, waiver issue, 25:54
Settlement, principles of agency, 38:45
Substitution of parties, 6:266
Tolling provisions, 3:455
Agreements. See Contracts
Alcohol or Drug Abuse
Physician-patient privilege, 25:466, 25:500, 25:502
Self-incrimination, privilege against, 25:318
Alcoholic Beverages
Dram Shop claims, statute of limitations, 3:180
See also Citizenship
Diversity jurisdiction, 9:434
Jurisdiction, 8:74
Allegations. See Petitions
Alter Ego
See also Corporations
Garnishments against, 19:185
Nonresidents, long-arm jurisdiction over agents, affiliates, alter egos, and parties in privity, 8:328–341, 8:409, 8:425
Statutes of limitations
Derivative tort claims, 3:342, 3:344
Discovery rule, 3:420
Tolling provisions, 3:510
Alternative Dispute Resolution (ADR)
Generally, 14:236
Arbitration. See Arbitration
Case conference, informing client to possibility of ADR, 1:268
Choices of ADR procedures, 38:173
Confidentiality, 38:177
County ADR systems, 38:175
Court ordered ADR
Procedures, 38:182–190
Third party facilitators, 38:196–198
Engagement contract, provision for dispute resolution, 1:204
Mediation. See Mediation
Presuit activities, 2:78–81
Referral order, 38:174, 38:184
(Rev. 10, 4/13)

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