Rule 85.Original Answer; Contents
Last amended September 1, 1983 · Last verified June 28, 2026
Full Text of Rule 85
Plain-English Summary
Rule 85 is a menu for the defendant's first responsive pleading. An original answer may include motions to transfer venue, pleas to the jurisdiction, pleas in abatement or other dilatory pleas, special exceptions, a general denial, and any defense by way of avoidance or estoppel. It may also present a cross-action, which to that extent puts the defendant in the position of a plaintiff.
Matters in avoidance and estoppel may be grouped together or set out in separate special pleas, each stating a distinct defense and numbered so the issues can be drawn separately.
Frequently Asked Questions
What can a defendant's original answer include in Texas?
Under Rule 85, motions to transfer venue, pleas to the jurisdiction or in abatement, special exceptions, a general denial, defenses by avoidance or estoppel, and a cross-action.
Can a defendant become a plaintiff by filing a cross-action in Texas?
Yes. Rule 85 lets the original answer present a cross-action, and to that extent the defendant takes on the position of a plaintiff, asserting its own claims within the same suit.
How should a defendant plead more than one defense of avoidance or estoppel?
Rule 85 lets the defendant group them together or state them in separate special pleas. Numbering each distinct defense keeps the issues apart so the court and the opposing party can address them one at a time.