Rule 81.Defensive Matters
Last verified June 28, 2026
Full Text of Rule 81
Plain-English Summary
Rule 81 lines up the plaintiff's response to a counterclaim with the defendant's own pleading rules. When the defendant sets up a counterclaim, the plaintiff pleads to it under the rules that govern defensive matter, so far as they apply. And whenever the defendant must plead a matter of defense under oath, the plaintiff must do the same when relying on such matters.
Frequently Asked Questions
How does a plaintiff respond to a counterclaim in Texas?
Under Rule 81, by pleading under the rules for the defendant's defensive matter, including pleading under oath where the defendant would have to.
Does a Texas plaintiff ever have to plead under oath?
Yes. Rule 81 requires the plaintiff to plead under oath whenever the defendant would have to plead a matter of defense under oath and the plaintiff relies on such matters.
What rules govern a Texas plaintiff's reply to a counterclaim?
Rule 81 has the plaintiff plead to a counterclaim under the rules that govern the defendant's defensive pleading, applied so far as they fit.