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Rule 93.Certain Pleas to Be Verified

Last amended April 1, 1984 · Last verified June 28, 2026

In one sentenceRule 93 lists the pleas a party must verify by affidavit — including no legal capacity, defect of parties, denial of a partnership, corporation, or signature, a sworn-account denial, and usury — unless their truth appears of record.

Full Text of Rule 93

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A pleading setting up any of the following matters, unless the truth of such matters appear of record, shall be verified by affidavit.
1. That the plaintiff has not legal capacity to sue or that the defendant has not legal capacity to be sued.
2. 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.
3. That there is another suit pending in this State between the same parties involving the same claim.
4. That there is a defect of parties, plaintiff or defendant.
5. A denial of partnership as alleged in any pleading as to any party to the suit.
6. That any party alleged in any pleading to be a corporation is not incorporated as alleged.
7. 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. Where such instrument in writing is charged to have been executed by a person then deceased, the affidavit shall be sufficient if it states that the affiant has reason to believe and does believe that such instrument was not executed by the decedent or by his authority. In the absence of such a sworn plea, the instrument shall be received in evidence as fully proved.
8. 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. The denial required by this subdivision of the rule may be made upon information and belief.
9. That a written instrument upon which a pleading is founded is without consideration, or that the consideration of the same has failed in whole or in part.
10. A denial of an account which is the foundation of the plaintiff's action, and supported by affidavit.
11. That a contract sued upon is usurious. Unless such plea is filed, no evidence of usurious interest as a defense shall be received.
12. That notice and proof of loss or claim for damage has not been given as alleged. Unless such plea is filed such notice and proof shall be presumed and no evidence to the contrary shall be admitted. A denial of such notice or such proof shall be made specifically and with particularity.
13. In the trial of any case appealed to the court from the Industrial Accident Board the following, if pleaded, shall be presumed to be true as pleaded and have been done and filed in legal time and manner, unless denied by verified pleadings:
(a) Notice of injury.
(b) Claim for Compensation.
(c) Award of the Board.
(d) Notice of intention not to abide by the award of the Board.
(e) Filing of suit to set aside the award.
(f) That the insurance company alleged to have been the carrier of the workers' compensation insurance at the time of the alleged injury was in fact the carrier thereof.
(g) That there was good cause for not filing claim with the Industrial Accident Board within the one year period provided by statute.
(h) Wage rate.
A denial of any of the matters set forth in subdivisions (a) or (g) of paragraph 13 may be made on information and belief.
Any such denial may be made in original or amended pleadings; but if in amended pleadings the same must be filed not less than seven days before the case proceeds to trial. 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.
14. That a party plaintiff or defendant is not doing business under an assumed name or trade name as alleged.
15. In the trial of any case brought against an automobile insurance company by an insured under the provisions of an insurance policy in force providing protection against uninsured motorists, an allegation that the insured has complied with all the terms of the policy as a condition precedent to bringing the suit shall be presumed to be true unless denied by verified pleadings which may be upon information and belief.
16. Any other matter required by statute to be pleaded under oath.
End

Plain-English Summary

Rule 93 names the defenses and denials that carry a sworn-pleading requirement. Certain matters cannot be raised by a bare denial; the pleading must be verified by affidavit unless the truth already appears of record. The list runs to sixteen items.

Among them: that a party lacks capacity to sue or be sued, or sues or is sued in the wrong capacity; that another suit is pending between the same parties; a defect of parties; a denial of partnership, of incorporation, or of the execution or indorsement of a written instrument the suit is built on; a denial of a sworn account; failure of consideration; and a plea that a contract is usurious. Several items carry their own consequence — the matter is presumed unless the verified denial is filed. The list also reaches certain workers'-compensation appeal matters, the assumed-name allegation, and uninsured-motorist policy compliance, and it closes with a catch-all for any matter a statute requires to be pleaded under oath.

Frequently Asked Questions

What pleas must be verified in Texas?

Rule 93's sixteen items — including no legal capacity, defect of parties, denial of partnership or incorporation, denial of the execution of an instrument, a sworn-account denial, failure of consideration, and usury — must be verified by affidavit unless their truth appears of record.

What happens if you don't verify a Rule 93 plea?

The matter generally cannot be raised, and for several items the opposite fact is presumed. An unverified denial of incorporation or of a sworn account, for example, lets the allegation stand as proved.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 93), 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: certain pleas to be verifiedverified pleassworn denialverified denialsworn accountTRCP 93