<<Prev Rule

Texas Administrative Code

Next Rule>>
TITLE 37PUBLIC SAFETY AND CORRECTIONS
PART 1TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 29PRACTICE AND PROCEDURE
RULE §29.13Sufficiency of Pleadings

(a) Upon the filing of any pleading, the judge shall examine the same and determine its sufficiency under these rules. If the judge finds that the pleading does not comply in all material respects with these rules, SOAH's rules, or the APT, the judge shall return the pleading to the party who filed it, along with a statement of the reasons for rejecting the same. The party who filed such pleading shall thereafter have the right to file a corrected pleading; provided that the filing of such corrected pleading shall not be permitted to delay any hearing unless the judge shall determine that such delay is necessary in order to prevent injustice or to protect the public interest and welfare.

(b) The judge shall direct all parties to enter their appearances on the record. If exceptions to the form or sufficiency of a pleading have been filed in writing at least three days prior to the date of hearing, they shall be heard; otherwise not. If exceptions are sustained, the judge shall allow a reasonable time for amendment, subject to the provisions of subsection (a) and §29.15 of this title (relating to Trial Amendments).


Source Note: The provisions of this §29.13 adopted to be effective May 10, 2000, 25 TexReg 4191

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page