Evidence The Rules of Evidence govern the admissibility and use of evidence in most court proceedings. 4.10(1). (c) In an action to which this section applies, this section shall prevail over any other law. Two State Bar committees -- the Court Rules Committee and the Administration of the Rules of Evidence Committee -- conduct their own studies of the rules. body to body massage centre; flights to oahu; dpd jobs; georgia rules of civil procedure answer to complaint. Lab. App.--Dallas 2009, pet. Failing to Timely Respond - Effect on Trial (1999). App. Sept. 1, 1985. A trial court may also order this procedure. Hi, it looks like JavaScript has been disabled in your browser. RULE 500. (a) In this section, "contribution defendant" means any defendant, counterdefendant, or third-party defendant from whom any party seeks contribution with respect to any portion of damages for which that party may be liable, but from whom the claimant seeks no relief at the time of submission. The defendant ispleaingthat the plaintiff take nothing and/or defendant gets some bonus money for being inconvenienced etc., and the plaintiff is pleaingthat defendant pay him what he's due, and also attorneys' fees for having had to collect on his broken word. 0000016905 00000 n f. A denial of partnership as alleged in any pleading as to any party to the suit. of record," then the verification by affidavit requirement of Rule 93 can be excepted.Not terrible reasoning, but weak. When expanded it provides a list of search options that will switch the search inputs to match the current selection. (a) If the claimant is not barred from recovery under Section 33.001, the court shall reduce the amount of damages to be recovered by the claimant with respect to a cause of action by a percentage equal to the claimant's percentage of responsibility. . 7 Tex. Q16(0o[RdC*jtPQN~=jin-hN.6C K3:pLUvBZ)KM# H\iZj G=!G0V'x aN!|NW@-$,'ug 1vMdMmUhv;IFVX;g '\@@]QHQZ h((KI>jN"/PW`k}aSn 2~2-~9Bt\,LtiXE: _>yF?tQRak%s?5~\dxnjjkmG"1mGnFKnYn,7ql4Pe_Oskl/Tg&vJ>z0XHyO(X?dIk]i6_r6n/ZOS%jG_#C] )MQMS\|-h)uh[c=HNrWdg#\OraKVp\QzgR>Y*(H>dIS+GXM1`Vh:obRM=OXaj'`It'rqO'\Aq+ qa*=CW_u|uIm@Brt5x]5OO9]KJqq$X\S,vO%+Y-KV:::6 l6Mq3^knqHbJH1vSPb1{a"14L:c7faH;=)f)4Gmw8%hV P. 1. App. Look at the Rule again: it can be rephrased - "A pleading of Rule 93 subject matters must be verified by affidavit, unless the record is so clear about it verification isn't necessary." You'll hear all about pleas and motions - one does not "move guilty" or "move innocent" - one makes a pleading of innocence or guilt, and various motions are filed pursuant to such pleadings by either side of the fight. SUBCHAPTER A. (No. Special Exceptions (Mar1941) TEXT A special exception shall not only point out the particular pleading excepted to, but it shall also point out intelligibly and with particularity the defect, omission, obscurity, duplicity, generality, or other insufficiency in the allegations in the pleading excepted to. *@r`2L/`".]0YA(XGp,?i kPfgTbbj`@9fN$q0w/Hph4kfX 0[WOg: &W_0A <2XyA (f) A court shall grant leave to designate the named person as a responsible third party unless another party files an objection to the motion for leave on or before the 15th day after the date the motion is served. 33.013. Jeffries v. Dunklin, 131 Tex. Has D's info all throughout it. You should verify denial, and if your verification sucks, also have that backup summary judgment evidence, rather than simply rely on one or the other.Defendants need to file verified denials for the Rule 93 matters requiring it. Judicial Committee on Information Technology, Task Force on Judicial Emergency Preparedness, Texas Commission to Expand Civil Legal Services, Timothy Cole Exoneration Review Commission, Guardianship Abuse, Fraud and Exploitation Deterrence Program (GAFEDP), Pretrial Risk Assessment Information System for Texas, Texas Records and Information Locator (TRAIL). 0000015236 00000 n art. In addition to revisions suggested by members, the SCAC considers every proposal it receives, whether from the Court itself, from the Executive and Legislative Departments, from bar groups interested in rules of procedure, from individual judges and lawyers, and from the public. September 1, 2021. 1. 1, eff. The Texas Supreme Court adopted judicial bypass rules that govern proceedings for obtaining a court order authorizing a minor to consent to an abortion without notice to, or the consent of, a parent, managing conservator, or guardian. 0000092629 00000 n It's not a pleading, it's a request within the context of pleadings. 204, Sec. h. A denial of the execution by himself or by his authority of any instrument in writing, upon which any pleading is founded, in whole or in part, and charged to have been executed by him or by his authority, and not alleged to be lost or destroyed. Thus, the Constitution now empowers the Supreme Court to adopt rules of administration and procedure, and authorizes the Legislature to delegate to the Court and to the Court of Criminal Appeals other rulemaking power. P. 3a; Tex. 437, Sec. Restoring broader rulemaking authority to the Supreme Court became the first priority of the bar. ), so the courts are trying to "get modern" by breaking the law. Sept. 1, 1995. The Appellate Section of the State Bar is active in reviewing appellate rules, as is the Litigation Section in reviewing trial rules. 4.06, 4.10(4), eff. Fam. (d) to (h) Repealed by Acts 2003, 78th Leg., ch. See Haase v. GimRes, Inc., No. See National Union Fire Ins. DESIGNATION OF RESPONSIBLE THIRD PARTY. P. 1.2. 33.016. 8P ,qPP PG _'xXb];&>|?9zN{KYl2u~r^TrGL,$AP,[!wtCUHs6[6blfl *u h w!Rn N _rZq"X*sayBDbeqU;/pyr m$ce)U %) @ If it's conclusive, then how can a court properly exercise discretion to allow the evidence in (as the holdings discussed above would otherwise allow)? "Of record" is vague, so it might open the door to permit a summary judgment record. Amended by Acts 1987, 70th Leg., 1st C.S., ch. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 3. P. 93(7). See 1 George D. Braden, et al., The Constitution of the State of Texas 471 (1977) (citing Texas Land Co. v. Williams, 48 Tex. 1, eff. 108, 46th Leg., R.S., ch. A party must respond to written discovery in writing within the time provided by court order or these rules. (d) This section does not create a cause of action. The structure of the SCAC has changed over the years. approved new Texas Rules of Civil Procedure 21d and 500.10 and amendments to Texas Rules of Civil Procedure 21, 500.2, 501.4, and 505.1 and invited public comment. That the plaintiff is not entitled to recover in the capacity in which he sues, or that the defendant is not liable in the capacity in which he is sued. 2.11, eff. A basic discussion of Rule 93Defendants frequently file generic Answers. Acts 1985, 69th Leg., ch. For any questions about the rules, please call (512) 463-4097. Courts should limit discovery under this rule only to prevent unwarranted delay and expense as stated more fully in the rule. 0000017428 00000 n "P" "I dunno. Tex. g. That any party alleged in any pleading to be a corporation is not incorporated as alleged. Amended by Acts 1987, 70th Leg., 1st C.S., ch. Co., 885 S.W.2d 212, 214 (Tex. That the plaintiff has not legal capacity to sue, or that the defendant has not legal capacity to be sued. 0000011069 00000 n (a) It is an affirmative defense to a civil action for damages for personal injury or death that the plaintiff, at the time the cause of action arose, was: (1) committing a felony, for which the plaintiff has been finally convicted, that was the sole cause of the damages sustained by the plaintiff; or. 1990 Tex. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 2010. The Rules govern all these basic paper arguments called "pleadings." 602 (1878)). App.--El Paso 2010, no pet.) 0000086106 00000 n The Civil Rules were last amended in 2022. 959, Sec. (Note: these cases all seem to merely permittrial courts in their broad discretion to consider summary judgment evidence as admissible or not; if they do, despite failure to verify denial, it doesn't sound like they'll hold it error. Only the percentage of responsibility of each defendant and contribution defendant shall be included in this determination. To avoid complications at trial, a party may identify prior to trial the documents intended to be offered, thereby triggering the obligation to object to authenticity. Smith v. Home Indem. App.--Ft. View details in library catalog. 573, 574, 1999, 2010, 3734, and 5074. 2. Sept. 1, 1995. You didn't file a verification!". A pleading setting up any of the following matters, unless the truth of such matters appear of record, shall be verified by affidavit. "L: "No oral contract? 0000018084 00000 n 0000001156 00000 n Civ. 33.004. Read Texas Rules of Civil Procedure Rule 93 for a list of specific pleas that must be verified or made under penalty of perjury. 4.02, eff. But, as hereinabove stated, an alternative form is authorized under the decisions, and the plea can omit allegations as to the defendant's residence and embody in lieu thereof the allegations as to the location of the land and the nature of the suit as above set out. 11-09-00340-CV, 2011 Tex. 204, Sec. h _Am;Zszi kW7g}@},BTxwV0 N Because now your "of record" second line of defense doesn't exist. Sept. 1, 2003. The party seeking to avoid discovery has the burden of proving the objection or privilege. The Court must notify the bar of rules changes and must deliver a copy to the Secretary of State for transmission to the Legislature. (Technically, "payment" as a defense is governed by another Rule, but just roll with it.) App.--Houston [14th Dist.] The following sentence is added to the end of Rule 193.4(b): "A party need not request a ruling on that party's own objection or assertion of privilege to preserve the objection or privilege. "I never signed a contract for this debt and they say I did"), then the defendant needsto "verif[y] by affidavit" these defensive pleadings. R. Civ. A list of creditor-hatin' trolls then provides cherry-picked case law they found for free online along with the basic form of the Answer that'll make life one step harder for a collections guy. V, 25 (amended 1891, repealed 1985). Learn more in our Cookie Policy. The amount to be contributed by each contribution defendant pursuant to Section 33.015 shall be in proportion to his respective percentage of responsibility relative to the sum of percentages of responsibility of all liable defendants and liable contribution defendants. CHAPTER 93. (c) Repealed by Acts 2003, 78th Leg., ch. l. That a contract sued upon is usurious. In addition, there have been 11 ex officio members representing various elements of the bench and bar. The Code of Criminal Procedure governs criminal proceedings. 2, Sec. "Now maybe the Rule is stupid (probably is - who gives a flipabout your oath? If you would like to locate a library book, access the library catalog. (c) The trier of fact shall determine as a separate issue or finding of fact the percentage of responsibility with respect to each contribution defendant and these findings shall be solely for purposes of this section and Section 33.015 and not as a part of the percentages of responsibility determined under Section 33.003. If a suit in trespass to try title is not commenced in the county where the land or some part thereof lies, the defendant who prefers to try the case in the county where the land lies rather than in the county where the suit is brought may seasonably claim the right to have the case transferred to the county where the land lies. (2) "Defendant" includes any person from whom, at the time of the submission of the case to the trier of fact, a claimant seeks recovery of damages. 2.08, eff. In pleading to a preceding pleading, a party shall set forth affirmatively accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release . Sec. September 1, 2011. Ass'n, 791 S.W.2d 182 (Tex. A party who fails to diligently screen documents before producing them does not waive a claim of privilege. For fifty years the Legislature did not interfere with the rulemaking power given the Court. 2, Sec. Amended by Acts 1987, 70th Leg., 1st C.S., ch. Acts 2011, 82nd Leg., R.S., Ch. Where such instrument in writing is charged to have been executed by a person then deceased, the affidavit shall be sufficient if it state that the affiant has reason to believe and does believe that such instrument was not executed by the decedent or by his authority. 2.11A, eff. App.--Dallas Nov. 20, 2014), citing Rockwall Commons Assocs. 1, eff. Sept. 2, 1987; Acts 1995, 74th Leg., ch. (2) the failure to timely make, amend, or supplement the discovery response will not unfairly surprise or unfairly prejudice the other parties. 437, Sec. rule 93. certain pleas to be verified rule 94. affirmative defenses rule 95. pleas of payment rule 96. no discontinuance rule 97. counterclaim and cross-claim See Sims v. Hill, 567 S.W.2d 912, 913 (Tex. Sept. 1, 2003. 4590i, 13.01 (cost bond, deposit, and expert report in health care liability claims). This rule imposes no duty to supplement or amend deposition testimony. Some. "J: "No claim in tort for property damages or whatnot? Sept. 1, 2003. Tex. 2, Sec. 959, Sec. In a civil proceeding, on a trial court's granting or denial, in whole or in part, of a motion to dismiss filed under the rules adopted by the supreme court under Section 22.004(g), Government Code, the court may award costs and reasonable and necessary attorney's fees to the prevailing party. 33.017. 0000021977 00000 n 203 (H.B. A party who objects to production of documents from a remote time period should produce documents from a more recent period unless that production would be burdensome and duplicative should the objection be overruled. Sept. 1, 1985. Acts 1985, 69th Leg., ch. But a party may object to a request for "all documents relevant to the lawsuit" as overly broad and not in compliance with the rule requiring specific requests for documents and refuse to comply with it entirely. they're called pleadings because you plea for relief. Sept. 1, 1985. KFT 8816 M3 2D. 4, eff. & Loan, 751 S.W.2d 487 (Tex. (2) after having been granted leave to replead, the defendant failed to plead sufficient facts concerning the alleged responsibility of the person to satisfy the pleading requirements of the Texas Rules of Civil Procedure. No change of meaning has been intended insofar as the combinations, as such, are concerned. (j) Notwithstanding any other provision of this section, if, not later than 60 days after the filing of the defendant's original answer, the defendant alleges in an answer filed with the court that an unknown person committed a criminal act that was a cause of the loss or injury that is the subject of the lawsuit, the court shall grant a motion for leave to designate the unknown person as a responsible third party if: (1) the court determines that the defendant has pleaded facts sufficient for the court to determine that there is a reasonable probability that the act of the unknown person was criminal; (2) the defendant has stated in the answer all identifying characteristics of the unknown person, known at the time of the answer; and. What do?" Subdivision b will under this rule include the plea that the defendant has not legal capacity to be sued. Subdivision c has been extended to include a denial of defendants liability in the capacity in which he is sued. (5) "Settling person" means a person who has, at any time, paid or promised to pay money or anything of monetary value to a claimant in consideration of potential liability with respect to the personal injury, property damage, death, or other harm for which recovery of damages is sought. Authentication is, of course, but a condition precedent to admissibility and does not establish admissibility. (a) all documents of any nature filed in connection with any matter before any civil court, except: (1) documents filed with a court in camera, solely for the purpose of obtaining a ruling on the discoverability of such documents; (2) documents in court files to which access is otherwise restricted by law; The Rules of Evidence govern the admissibility and use of evidence in most court proceedings. i. The only way around it is an "of record" exception, but if summary judgment proceedings and trial proceedings are the same, these consequences aremeaninglessif you can get around them through summary judgment! This guide provides an explanation of many of the affirmative defenses listed on the Civil Answer form. 2, Sec. Tex. Texas Rules of Civil Procedure Texas Rules of Civil Procedure Browse as List Search Within Part I - General Rules ( 1 14c) Part II - Rules of Practice in District and County Courts ( 15 332-351) Part III - Rules of Procedure for the Courts of Appeals ( 352 473) Part IV - Rules of Practice for the Supreme Court ( 474 518) Code 410.305 (judicial review of issues regarding compensability or income or death benefits); Tex. 4, eff. Part II - Rules of Practice in District and County Courts. Sept. 1, 2003. Individual courts have adopted local rules mostly to provide docket control and often to prescribe standing pretrial procedures. What should be the contents of a plea where one is sued for land that is not situated in the county where the suit is brought, e.g. (g) If an objection to the motion for leave is timely filed, the court shall grant leave to designate the person as a responsible third party unless the objecting party establishes: (1) the defendant did not plead sufficient facts concerning the alleged responsibility of the person to satisfy the pleading requirement of the Texas Rules of Civil Procedure; and. 8), Sec. Sept. 1, 2003. This is because after completing the herculean tasks of advising the Court on new appellate, evidence, and discovery rules, there was little for the group to do until the Court promulgated each of these sets of rules. Wow! 0000020818 00000 n The power conveyed by statute is plenary; the Act provides that rules adopted by the Court repeal all conflicting laws on procedure in civil cases, including statutes enacted by the Legislature. Acts 1985, 69th Leg., ch. Includes checklists along with tables of rules, statutes, and cases. Employers' Ins. Wisdom from the profane. In an action to which this chapter applies, a claimant may not recover damages if his percentage of responsibility is greater than 50 percent. Nothing in this chapter shall be construed to affect any rights of indemnity granted by any statute, by contract, or by common law. (Magnuson v. Mullen (2002) 65 S.W.3d 815, 824.) 4. The first Federal Rules of Civil Procedure approved by the Supreme Court became effective September 16, 1938. 136, Sec. 2, Sec. Affirmative Defenses Gov't Code 74.024. App. Description: This is for a topper still has some life in it! (c) Notwithstanding Subsection (b), if the claimant in a health care liability claim filed under Chapter 74 has settled with one or more persons, the court shall further reduce the amount of damages to be recovered by the claimant with respect to a cause of action by an amount equal to one of the following, as elected by the defendant: (1) the sum of the dollar amounts of all settlements; or. Sept. 2, 1987; Acts 1995, 74th Leg., ch. Even if the party seeking to introduce the evidence or call the witness fails to carry the burden under paragraph (b), the court may grant a continuance or temporarily postpone the trial to allow a response to be made; amended, or supplemented, and to allow opposing parties to conduct discovery regarding any new information presented by that response. Tex. 2018), Sec. App. Sec. September 1, 2005. 136, Sec. (3) "Liable defendant" means a defendant against whom a judgment can be entered for at least a portion of the damages awarded to the claimant. (1) an action for damages arising from an act or omission of the owner, lessee, or occupant of real property that is intentional, wilfully or wantonly negligent, or done with conscious indifference or reckless disregard for the safety of others; or. Amended by Acts 1987, 70th Leg., 1st C.S., ch. R. Civ. 0000020655 00000 n Please take our patron satisfaction survey! D, in turn, submits a letter later written after the loan by P to D saying, "D, all is forgiven. In 1985, concurrent with the adoption of Article V, Section 31 of the Texas Constitution, the Legislature also authorized the Supreme Court to "adopt rules of administration setting policies and guidelines necessary or desirable for the operation and management of the court system and for the efficient administration of justice." 380, Sec. (a) If a defendant who is jointly and severally liable under Section 33.013 pays a percentage of the damages for which the defendant is jointly and severally liable greater than his percentage of responsibility, that defendant has a right of contribution for the overpayment against each other liable defendant to the extent that the other liable defendant has not paid the percentage of the damages found by the trier of fact equal to that other defendant's percentage of responsibility. There's a weird phrase in the chapeauof Rule 93, though. (a) A defendant may seek to designate a person as a responsible third party by filing a motion for leave to designate that person as a responsible third party. (d) As among liable defendants, including each defendant who is jointly and severally liable under Section 33.013, each contribution defendant's percentage of responsibility is to be included for all purposes of Section 33.015. RULE 500.2. Effective February 4, 1987, the Supreme Court adopted Rules of Judicial Administration providing for a Council of Regional Presiding Judges, prescribing duties for presiding judges and local administrative judges, and setting time standards for disposition of cases. PROPORTIONATE RESPONSIBILITY. 959, Sec. (e) Repealed by Acts 2011, 82nd Leg., R.S., Ch. . Sec. Amended by Acts 1987, 70th Leg., 1st C.S., ch. If so, have your local Supreme Court change it. Sept. 1, 1995. Since May 31, 1985, a record of the debates of the SCAC has been made by a court reporter. Rule 166a of the rules of civil procedure requires that the motion and any supporting affidavits shall be filed and served at least twenty-one days before the time specified for hearing. Rule 93. <]/Prev 331476>> Tex. (failure to file verified denial under R. 93(7) and R. 93(8) was conclusive admission of instruments validity, foregoing summary judgment evidence to contrary). When the SCAC meets, its meetings are held at the Bar Center in Austin and are open to the public. The SCAC is not the only group which studies revisions to procedural rules. 204, Sec. (b) Nothing in this section affects the third-party practice as previously recognized in the rules and statutes of this state with regard to the assertion by a defendant of rights to contribution or indemnity. The court's power to limit discovery based on the needs and circumstances of the case is expressly stated in Rule 192.4. On rehearing, it really dug into the matter. A denial of the genuineness of the indorsement or assignment of a written instrument upon which suit is brought by an indorsee or assignee and in the absence of such a sworn plea, the indorsement or assignment thereof shall be held as fully proved. Act of May 15, 1939, H.B. a. A cost of not verifying denial is loss of the ability to dispute issues and evidence. LinkedIn and 3rd parties use essential and non-essential cookies to provide, secure, analyze and improve our Services, and (except on the iOS app) to show you relevant ads (including professional and job ads) on and off LinkedIn. I make the following specific pleas under penalty of perjury: 4. Tex. The statute states that the Legislature may disapprove rules adopted by the Court, but it has never done so. Ltd. v. MRC Mortg. (7) Repealed by Acts 2003, 78th Leg., ch. Co. v. Williams, 130 Tex. DoM[L8j.bm3{w32->>{*By$ju/?s\u^|j8ra2\5#{>>(\ @wzC@{ISe"5fl?w!@.NF:M\LmI*-t&nBE/ p The party must amend or supplement the statement if additional privileged information or material is found subsequent to the initial response. (2) may not be used in any other proceeding, on the basis of res judicata, collateral estoppel, or any other legal theory, to impose liability on the person. Nothing in this section affects the filing of cross-claims or counterclaims. B.J. In this context, courts have held that the twenty-one day requirement for notice of hearing does . AMOUNT OF RECOVERY. The courts that have considered it made a mockery out of the provision by pretty much all agreeing that, assuming a summary judgment record was built, that summary judgment record could be looked at to determine the "truth" of such matters.There's a couple ways of rationalizing that.1) Summary judgment proceedings are like trials, procedurally speaking. b. This rule imposes a duty upon parties to make a complete response to written discovery based upon all information reasonably available, subject to objections and privileges. In subdivision d the term cause of action has been replaced by the word claim. Subdivisions f and g apply to allegations in any pleading, not merely to the petition as formerly stated in Art. 643, Sec. Texas's Rule of Civil Procedure 202 grants broad power to investigate potential claims, unlike many other states or the federal rules. 204, Sec. 1731a, now codified as Tex. 2, eff. 1.03 The Court of Criminal Appeals. Tex. More recently, it participated in the adoption of the new Rules of Appellate Procedure and the Rules of Evidence. In case of such denial the things so denied shall not be presumed to be true, and if essential to the case of the party alleging them, must be proved. The scope of sworn denials has, however, been broadened. 203 (H.B. 0000001819 00000 n (Rule 109 also allows you to ask for some alternative service methods, like publication, or any other method the court authorizes if you could ask for publication.) Now, compare those two holdings together - when someone says something is conclusive, they usually mean there ain't no getting around it. Sept. 1, 2003. Sec. 26, 1990). 93.002. 959, Sec. Corp., 875 S.W.2d 455, 457 (Tex. App.--Houston [1st Dist.] Unlike a defendant, it can't just wave its hand and say "Nah I don't believe it," and call that a good claim. 33.011. Lawyers use Rule 202 for identifying potential defendants, refining legal theories, and making a case for avoiding trial. After making some minor modifications, the Court adopted the new Rules of Civil Procedure to be effective September 1, 1941. Many of the affirmative defenses are listed in Rule 94 of the Texas Rules of Civil Procedure. R. Civ. He didn't say anything! 959, Sec. 1, eff. 4.10(2). That the suit is not commenced in the proper county. It has previously been held, in Dallas no less, that failure to file a verified denial allowed the trial court to disregardsummary judgment evidence about forgery. Pleadings of Defendant Rule 92 - General Denial Tex. Subdivision 14 of the general venue statute (Article 1995) provides that suits for the recovery of lands or damages thereto must be brought in the county in which the land, or a part thereof, may lie." That the plaintiff has not legal capacity to sue or that the defendant has not legal capacity to be sued. 204, Sec. Since 1941, the Rules of Civil Procedure have been amended numerous times, most recently when the Supreme Court promulgated the 1999 discovery rules revisions. Ethical complaints and reports of misconduct are investigated by the State Bar of Texas. & Rem. Sept. 1, 2003. The Court of Criminal Appeals must also be consulted on administrative rules affecting criminal cases. The focus is on the intent to waive the privilege, not the intent to produce the material or information. In other words, at a trial or summary judgment proceeding, the court should tell the defendant "Sorry, I can't hear your other evidence that would seek to contradict the deemed proveninstrument. ", 3. 1993). 0000085876 00000 n ASSUMPTION OF THE RISK AND CERTAIN OTHER AFFIRMATIVE DEFENSES. (mem. 4.03, 4.04, 4.10(2), eff. Sept. 2, 1987; Acts 1995, 74th Leg., ch. (2) "Fire-fighting agency" means any entity that provides fire-fighting services, including: (B) a political subdivision of this state authorized to provide fire-fighting services. 4.01, 4.10(1), eff. Sept. 1, 1987. The Court welcomes all input but refers it to the SCAC for initial consideration. Gov't Code 22.004). So, Cantu's holding basically said that where very clear summary judgment evidence (like a sworn deposition with a contract laying out parties' responsibilities and relationships) existed, the need for either a verified affidavit to be filed, or for a verified affidavit to be correct could be excepted.Other courts began to follow, citing usually to Cantu(which we recall blew a tiny cheat to let a judge determine jurisdiction into other areas of law).