Rule 789.Proof Under Such Plea
Last verified June 28, 2026
In one sentenceRule 789 lets the defendant offer, under the plea of “not guilty,” any lawful defense to the action, except that the defense of limitations must be specially pleaded rather than raised under that general plea.
Full Text of Rule 789
Under such plea of "not guilty" the defendant may give in evidence any lawful defense to the action except the defense of limitations, which shall be specially pleaded.
End
Plain-English Summary
Rule 789 sets the reach of the “not guilty” plea. Under it the defendant may bring in any lawful defense to the suit. The exception is limitations: a defendant who relies on the running of time to bar the claim must plead it specially, not tuck it inside the general denial.
Frequently Asked Questions
What defenses can a defendant raise under the plea of not guilty?
Any lawful defense to the action, except limitations, which must be specially pleaded (Rule 789).
What defense is off-limits under the general plea of not guilty?
Limitations. Rule 789 requires that defense to be specially pleaded; it cannot be raised under the general plea.
Why does limitations get separate treatment from other defenses?
Rule 789 singles it out. Every other lawful defense comes in under the plea of not guilty, but limitations must be pleaded by name so the plaintiff has notice of it.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 789), published by the Texas Judicial Branch (txcourts.gov).
Promulgated by the Supreme Court of Texas. The plain-English summary is original and draws on official sources. Last verified June 28, 2026. ·
Official source
Also known as: defenses under plea of not guiltylimitations specially pleadedspecially pleading limitationsnotice of limitations defenseTRCP 789