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Rule §17.12 Pleadings

Published: 2015

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(a) Classification of pleadings.   (1) A pleading is any written document filed by a party alleging its claim, its response to a claim, or its request for specific relief or action.   (2) All pleadings must be in writing, must be filed as required in §17.3 of this title (relating to Filing of Documents), and must be served on all parties of record.   (3) Pleadings shall be classified as applications or petitions, statement of grounds, prehearing and post-hearing briefs, protests, responses, complaints, exceptions, replies, motions, or answers. Any error in the designation of a pleading shall not prevent it from being accorded its true status in the proceeding in which it is filed. (b) Service of pleadings. A copy of each pleading must be sent or delivered to each party of record or to the designated representative of such party of record at the time the pleading is filed with the agency.
(c) Form and content of pleadings. All pleadings shall have the following:   (1) the name, address, and telephone number of the party filing the document and the name, business address, telephone number, and fax number of its representative, if applicable;   (2) a concise statement of the facts relied upon and the legal basis for the relief sought;   (3) a prayer stating the specific relief, action, or order sought by the pleader; and   (4) a certificate of service stating that a copy of the pleading has been sent or delivered to each party of record. (d) Amended pleadings. A pleading may be amended at any time unless the amendment would operate as a surprise to another party or delay a hearing, unless a delay is necessary to prevent injustice or to protect the public interest. An amended pleading which operates as a surprise to another party may be allowed upon a written motion and
a showing that no harm will result from such pleading. (e) Incorporation of agency records by reference. Any pleading may adopt and incorporate by specific reference any document or entry, or any part thereof, in the official files and records of the General Land Office. This section shall not act to relieve any party from the necessity of alleging and providing those facts necessary to sustain its burden of proof as imposed by law or by agency rule.

Source Note: The provisions of this §17.12 adopted to be effective April 22, 1992, 17 TexReg 2472.