When a defendant shall desire to prove payment, he shall file with his plea an account stating distinctly the nature of such payment, and the several items thereof; failing to do so, he shall not be allowed to prove the same, unless it be so plainly and particularly described in the plea as to give the plaintiff full notice of the character thereof.
Texas > Texas Rules of Civil Procedure > PART II – RULES OF PRACTICE IN DISTRICT AND COUNTY COURTS > RULE 95. PLEAS OF PAYMENT
RULE 95. PLEAS OF PAYMENT
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- Texas Rules of Civil Procedure
- PART I – GENERAL RULES
- PART II – RULES OF PRACTICE IN DISTRICT AND COUNTY COURTS
- [RULE 100. Repealed effective January 1, 1988]
- [RULE 101. Repealed effective January 1, 1988]
- [RULE 102. Repealed effective January 1, 1988]
- [RULE 104. Repealed effective January 1, 1988]
- [RULE 128. Repealed effective April 1, 1984]
- [RULE 132. Repealed effective April 1, 1984]
- [RULE 134. Repealed effective April 1, 1984]
- [RULE 135. Repealed effective April 1, 1984]
- [RULE 157. Repealed effective January 1, 1988]
- [RULE 164. Repealed effective January 1, 1988]
- [RULE 166b. Repealed effective January 1, 1999]
- [RULE 166c. Repealed effective January 1, 1999]
- [RULE 167a. Repealed effective January 1, 1999]
- [RULE 170. Repealed effective April 1, 1984]
- [RULE 176. Repealed effective January 1, 1999; see, Rule 176.3]
- [RULE 177. Repealed effective January 1, 1999]
- [RULE 177a. Repealed effective January 1, 1999]
- [RULE 178. Repealed effective January 1, 1999]
- [RULE 179. Repealed effective January 1, 1999]
- [RULE 182. Repealed effective January 1, 1988]
- [RULE 182a. Repealed effective January 1, 1988]
- [RULE 184. Repealed effective September 1, 1990]
- [RULE 184A. Repealed effective September 1, 1990]
- [RULE 187. Repealed effective January 1, 1999]
- [RULE 188. Repealed effective January 1, 1999]
- [RULE 189. Repealed effective April 1, 1984]
- [RULE 200. Repealed effective January 1, 1999; see, Rule 199.1 et seq.]
- [RULE 201. Repealed effective January 1, 1999; see, Rules 176.6 and 199]
- [RULE 202. Repealed effective January 1, 1999; see, Rules 199.1 and 203.6]
- [RULE 203. Repealed effective January 1, 1999; see, Rules 176.8 and 215]
- [RULE 204. Repealed effective January 1, 1999; see, Rule 199.5]
- [RULE 205. Repealed effective January 1, 1999; see, Rule 203.1 et seq.]
- [RULE 206 to 208. Repealed effective January 1, 1999]
- [RULE 208a. Repealed effective April 1, 1984]
- [RULE 209. Repealed effective January 1, 1999]
- [RULE 21c. Repealed effective September 1, 1986]
- [RULE 242. Repealed effective December 31, 1941]
- [RULE 250. Repealed effective December 31, 1941]
- [RULE 256. Repealed effective September 1, 1941]
- [RULE 260. Repealed effective September 1, 1990]
- [RULE 306d. Repealed effective April 1, 1984]
- [RULE 323. Repealed effective January 1, 1978]
- [RULE 325. Repealed effective January 1, 1978]
- [RULE 328. Repealed effective January 1, 1988]
- RULE 103. WHO MAY SERVE
- RULE 105. DUTY OF OFFICER OR PERSON RECEIVING
- RULE 106. METHOD OF SERVICE
- RULE 107. RETURN OF SERVICE
- RULE 108. SERVICE IN ANOTHER STATE
- RULE 108a. SERVICE OF PROCESS IN FOREIGN COUNTRIES
- RULE 109. CITATION BY PUBLICATION
- RULE 109a. OTHER SUBSTITUTED SERVICE
- RULE 110. EFFECT OF RULES ON OTHER STATUTES
- RULE 111. CITATION BY PUBLICATION IN ACTION AGAINST UNKNOWN HEIRS OR STOCKHOLDERS OF DEFUNCT CORPORATIONS
- RULE 112. PARTIES TO ACTIONS AGAINST UNKNOWN OWNERS OR CLAIMANTS OF INTEREST IN LAND
- RULE 113. CITATION BY PUBLICATION IN ACTIONS AGAINST UNKNOWN OWNERS OR CLAIMANTS OF INTEREST IN LAND
- RULE 114. CITATION BY PUBLICATION; REQUISITES
- RULE 115. FORM OF PUBLISHED CITATION IN ACTIONS INVOLVING LAND
- RULE 116. SERVICE OF CITATION BY PUBLICATION
- RULE 117. RETURN OF CITATION BY PUBLICATION
- RULE 117a. CITATION IN SUITS FOR DELINQUENT AD VALOREM TAXES
- RULE 118. AMENDMENT
- RULE 119. ACCEPTANCE OF SERVICE
- RULE 119a. COPY OF DECREE
- RULE 120. ENTERING APPEARANCE
- RULE 120a. SPECIAL APPEARANCE
- RULE 121. ANSWER IS APPEARANCE
- RULE 122. CONSTRUCTIVE APPEARANCE
- RULE 123. REVERSAL OF JUDGMENT
- RULE 124. NO JUDGMENT WITHOUT SERVICE
- RULE 125. PARTIES RESPONSIBLE
- RULE 126. FEE FOR SERVICE OF PROCESS IN A COUNTY OTHER THAN IN THE COUNTY OF SUIT
- RULE 127. PARTIES LIABLE FOR OTHER COSTS
- RULE 129. HOW COSTS COLLECTED
- RULE 130. OFFICER TO LEVY
- RULE 131. SUCCESSFUL PARTY TO RECOVER
- RULE 133. COSTS OF MOTION
- RULE 136. DEMAND REDUCED BY PAYMENTS
- RULE 137. IN ASSAULT AND BATTERY, ETC.
- RULE 138. COST OF NEW TRIALS
- RULE 139. ON APPEAL AND CERTIORARI
- RULE 140. NO FEE FOR COPY
- RULE 141. COURT MAY OTHERWISE ADJUDGE COSTS
- RULE 142. SECURITY FOR COSTS
- RULE 143. RULE FOR COSTS
- RULE 143a. COSTS ON APPEAL TO COUNTY COURT
- RULE 144. JUDGMENT ON COST BOND
- RULE 145. PAYMENT OF COSTS NOT REQUIRED
- RULE 146. DEPOSIT FOR COSTS
- RULE 147. APPLIES TO ANY PARTY
- RULE 148. SECURED BY OTHER BOND
- RULE 149. EXECUTION FOR COSTS
- RULE 15. WRITS AND PROCESS
- RULE 150. DEATH OF PARTY
- RULE 151. DEATH OF PLAINTIFF
- RULE 152. DEATH OF DEFENDANT
- RULE 153. WHEN EXECUTOR, ETC. DIES
- RULE 154. REQUISITES OF SCIRE FACIAS
- RULE 155. SURVIVING PARTIES
- RULE 156. DEATH AFTER VERDICT OR CLOSE OF EVIDENCE
- RULE 158. SUIT FOR THE USE OF ANOTHER
- RULE 159. SUIT FOR INJURIES RESULTING IN DEATH
- RULE 16. SHALL ENDORSE ALL PROCESS
- RULE 160. DISSOLUTION OF CORPORATION
- RULE 161. WHERE SOME DEFENDANTS NOT SERVED
- RULE 162. DISMISSAL OR NON-SUIT
- RULE 163. DISMISSAL AS TO PARTIES SERVED, ETC.
- RULE 165. ABANDONMENT
- RULE 165a. DISMISSAL FOR WANT OF PROSECUTION
- RULE 166. PRE-TRIAL CONFERENCE
- RULE 166a. SUMMARY JUDGMENT
- RULE 167. OFFER OF SETTLEMENT; AWARD OF LITIGATION COSTS
- RULE 168. PERMISSION TO APPEAL
- RULE 169. EXPEDITED ACTIONS
- RULE 17. OFFICER TO EXECUTE PROCESS
- RULE 171. MASTER IN CHANCERY
- RULE 172. AUDIT
- RULE 173. GUARDIAN AD LITEM
- RULE 174. CONSOLIDATION; SEPARATE TRIALS
- RULE 175. ISSUE OF LAW AND DILATORY PLEAS
- RULE 176. SUBPOENAS
- RULE 18. WHEN JUDGE DIES DURING TERMS, RESIGNS OR IS DISABLED
- RULE 180. REFUSAL TO TESTIFY
- RULE 181. PARTY AS WITNESS
- RULE 183. INTERPRETERS
- RULE 185. SUIT ON ACCOUNT
- RULE 18a. RECUSAL AND DISQUALIFICATION OF JUDGES
- RULE 18b. GROUNDS FOR RECUSAL AND DISQUALIFICATION OF JUDGES
- RULE 18c. RECORDING AND BROADCASTING OF COURT PROCEEDINGS
- RULE 19. NON-ADJOURNMENT OF TERM
- RULE 190. DISCOVERY LIMITATIONS
- RULE 191. MODIFYING DISCOVERY PROCEDURES AND LIMITATIONS; CONFERENCE REQUIREMENT; SIGNING DISCLOSURES; DISCOVERY REQUESTS, RESPONSES, AND OBJECTIONS; FILING REQUIREMENTS
- RULE 192. PERMISSIBLE DISCOVERY: FORMS AND SCOPE; WORK PRODUCT; PROTECTIVE ORDERS; DEFINITIONS
- RULE 193. WRITTEN DISCOVERY: RESPONSE; OBJECTION; ASSERTION OF PRIVILEGE; SUPPLEMENTATION AND AMENDMENT; FAILURE TO TIMELY RESPOND; PRESUMPTION OF AUTHENTICITY
- RULE 194. REQUIRED DISCLOSURES IN SUITS NOT GOVERNED BY THE FAMILY CODE
- RULE 194a. REQUESTS FOR DISCLOSURE IN SUITS GOVERNED BY THE FAMILY CODE
- RULE 195. DISCOVERY REGARDING TESTIFYING EXPERT WITNESSES IN SUITS NOT GOVERNED BY THE FAMILY CODE
- RULE 195a. DISCOVERY REGARDING TESTIFYING EXPERTS IN SUITS GOVERNED BY THE FAMILY CODE
- RULE 196. REQUESTS FOR PRODUCTION AND INSPECTION TO PARTIES; REQUESTS AND MOTIONS FOR ENTRY UPON PROPERTY
- RULE 197. INTERROGATORIES TO PARTIES
- RULE 198. REQUESTS FOR ADMISSIONS
- RULE 199. DEPOSITIONS UPON ORAL EXAMINATION
- RULE 20. MINUTES READ AND SIGNED
- RULE 200. DEPOSITIONS UPON WRITTEN QUESTIONS
- RULE 201. DEPOSITIONS IN FOREIGN JURISDICTIONS FOR USE IN TEXAS PROCEEDINGS; DEPOSITIONS IN TEXAS FOR USE IN FOREIGN PROCEEDINGS
- RULE 202. DEPOSITIONS BEFORE SUIT OR TO INVESTIGATE CLAIMS
- RULE 203. SIGNING, CERTIFICATION AND USE OF ORAL AND WRITTEN DEPOSITIONS
- RULE 204. PHYSICAL AND MENTAL EXAMINATION
- RULE 205. DISCOVERY FROM NON-PARTIES
- RULE 21. FILING AND SERVING PLEADINGS AND MOTIONS
- RULE 215. ABUSE OF DISCOVERY; SANCTIONS
- RULE 216. REQUEST FOR JURY TRIAL
- RULE 217. OATH OF INABILITY
- RULE 218. JURY DOCKET
- RULE 219. JURY TRIAL DAY
- RULE 21a. METHODS OF SERVICE
- RULE 21b. SANCTIONS FOR FAILURE TO SERVE OR DELIVER COPY OF PLEADINGS AND MOTIONS
- RULE 21c. PRIVACY PROTECTION FOR FILED DOCUMENTS
- RULE 21d. APPEARANCES AT COURT PROCEEDINGS
- RULE 22. COMMENCED BY PETITION
- RULE 220. WITHDRAWING CAUSE FROM JURY DOCKET
- RULE 221. CHALLENGE TO THE ARRAY
- RULE 222. WHEN CHALLENGE IS SUSTAINED
- RULE 223. JURY LIST IN CERTAIN COUNTIES
- RULE 224. PREPARING JURY LIST
- RULE 225. SUMMONING TALESMAN
- RULE 226. OATH TO JURY PANEL
- RULE 226a. INSTRUCTIONS TO JURY PANEL AND JURY
- RULE 227. CHALLENGE TO JUROR
- RULE 228. “CHALLENGE FOR CAUSE” DEFINED
- RULE 229. CHALLENGE FOR CAUSE
- RULE 23. SUITS TO BE NUMBERED CONSECUTIVELY
- RULE 230. CERTAIN QUESTIONS NOT TO BE ASKED
- RULE 231. NUMBER REDUCED BY CHALLENGES
- RULE 232. MAKING PEREMPTORY CHALLENGES
- RULE 233. NUMBER OF PEREMPTORY CHALLENGES
- RULE 234. LISTS RETURNED TO THE CLERK
- RULE 235. IF JURY IS INCOMPLETE
- RULE 236. OATH TO JURY
- RULE 237. APPEARANCE DAY
- RULE 237a. CASES REMANDED FROM FEDERAL COURT
- RULE 238. CALL OF APPEARANCE DOCKET
- RULE 239. JUDGMENT BY DEFAULT
- RULE 239a. NOTICE OF DEFAULT JUDGMENT
- RULE 24. DUTY OF CLERK
- RULE 240. WHERE ONLY SOME ANSWER
- RULE 241. ASSESSING DAMAGES ON LIQUIDATED DEMANDS
- RULE 243. UNLIQUIDATED DEMANDS
- RULE 244. ON SERVICE BY PUBLICATION
- RULE 245. ASSIGNMENT OF CASES FOR TRIAL
- RULE 246. CLERK TO GIVE NOTICE OF SETTINGS
- RULE 247. TRIED WHEN SET
- RULE 248. JURY CASES
- RULE 249. CALL OF NON-JURY DOCKET
- RULE 25. CLERK’S FILE DOCKET
- RULE 251. CONTINUANCE
- RULE 252. APPLICATION FOR CONTINUANCE
- RULE 253. ABSENCE OF COUNSEL AS GROUND FOR CONTINUANCE
- RULE 254. ATTENDANCE ON LEGISLATURE
- RULE 255. CHANGE OF VENUE BY CONSENT
- RULE 257. GRANTED ON MOTION
- RULE 258. SHALL BE GRANTED
- RULE 259. TO WHAT COUNTY
- RULE 26. CLERK’S COURT DOCKET
- RULE 261. TRANSCRIPT ON CHANGE
- RULE 262. TRIAL BY THE COURT
- RULE 263. AGREED CASE
- RULE 264. VIDEOTAPE TRIAL
- RULE 265. ORDER OF PROCEEDINGS ON TRIAL BY JURY
- RULE 266. OPEN AND CLOSE – ADMISSION
- RULE 267. WITNESSES PLACED UNDER RULE
- RULE 268. MOTION FOR INSTRUCTED VERDICT
- RULE 269. ARGUMENT
- RULE 27. ORDER OF CASES
- RULE 270. ADDITIONAL TESTIMONY
- RULE 271. CHARGE TO THE JURY
- RULE 272. REQUISITES
- RULE 273. JURY SUBMISSIONS
- RULE 274. OBJECTIONS AND REQUESTS
- RULE 275. CHARGE READ BEFORE ARGUMENT
- RULE 276. REFUSAL OR MODIFICATION
- RULE 277. SUBMISSION TO THE JURY
- RULE 278. SUBMISSION OF QUESTIONS, DEFINITIONS, AND INSTRUCTIONS
- RULE 279. OMISSIONS FROM THE CHARGE
- RULE 28. SUITS IN ASSUMED NAME
- RULE 280. PRESIDING JUROR OF JURY
- RULE 281. PAPERS TAKEN TO JURY ROOM
- RULE 282. JURY KEPT TOGETHER
- RULE 283. DUTY OF OFFICER ATTENDING JURY
- RULE 284. JUDGE TO CAUTION JURY
- RULE 285. JURY MAY COMMUNICATE WITH COURT
- RULE 286. JURY MY RECEIVE FURTHER INSTRUCTIONS
- RULE 287. DISAGREEMENT AS TO EVIDENCE
- RULE 288. COURT OPEN FOR JURY
- RULE 289. DISCHARGE OF JURY
- RULE 29. SUIT ON CLAIM AGAINST DISSOLVED CORPORATION
- RULE 290. DEFINITION AND SUBSTANCE
- RULE 291. FORM OF VERDICT
- RULE 292. VERDICT BY PORTION OF ORIGINAL JURY
- RULE 293. WHEN THE JURY AGREE
- RULE 294. POLLING THE JURY
- RULE 295. CORRECTION OF VERDICT
- RULE 296. REQUESTS FOR FINDINGS OF FACTS AND CONCLUSIONS OF LAW
- RULE 297. TIME TO SEND FINDINGS OF FACT AND CONCLUSIONS OF LAW
- RULE 298. ADDITIONAL OR AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW
- RULE 299. OMITTED FINDINGS
- RULE 299a FINDINGS OF FACT TO BE SEPARATELY SENT AND NOT RECITED IN A JUDGMENT
- RULE 30. PARTIES TO SUITS
- RULE 300. COURT TO RENDER JUDGMENT
- RULE 301. JUDGMENTS
- RULE 302. ON COUNTERCLAIM
- RULE 303. ON COUNTERCLAIM FOR COSTS
- RULE 304. JUDGMENT UPON RECORD
- RULE 305. PROPOSED JUDGMENT
- RULE 306. RECITATION OF JUDGMENT
- RULE 306a. PERIODS TO RUN FROM SIGNING OF JUDGMENT
- RULE 306b. ADVICE OF RIGHT TO APPEAL IN ORDERS CERTIFYING A CHILD TO STAND TRIAL AS AN ADULT
- RULE 306c. PREMATURELY FILED DOCUMENTS
- RULE 307. EXCEPTIONS, ETC., TRANSCRIPT
- RULE 308. COURT SHALL ENFORCE ITS DECREES
- RULE 308a. IN SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP
- RULE 308b. DETERMINING THE ENFORCEABILITY OF A JUDGMENT OR ARBITRATION AWARD BASED ON FOREIGN LAW IN CERTAIN SUITS UNDER THE FAMILY CODE
- RULE 309. IN FORECLOSURE PROCEEDINGS
- RULE 31. SURETY NOT TO BE SUED ALONE
- RULE 310. WRIT OF POSSESSION
- RULE 311. ON APPEAL FROM PROBATE COURT
- RULE 312. ON APPEAL FROM JUSTICE COURT
- RULE 313. AGAINST EXECUTORS, ETC.
- RULE 314. CONFESSION OF JUDGMENT
- RULE 315. REMITTITUR
- RULE 316. CORRECTION OF CLERICAL MISTAKES IN JUDGMENT RECORD
- RULE 32. MAY HAVE QUESTION OF SURETYSHIP TRIED
- RULE 320. MOTION AND ACTION OF COURT THEREON
- RULE 321. FORM
- RULE 322. GENERALITY TO BE AVOIDED
- RULE 324. PREREQUISITES OF APPEAL
- RULE 326. NOT MORE THAN TWO
- RULE 327. FOR JURY MISCONDUCT
- RULE 329. MOTION FOR NEW TRIAL ON JUDGMENT FOLLOWING CITATION BY PUBLICATION
- RULE 329a. COUNTY COURT CASES
- RULE 329b. TIME FOR FILING MOTIONS
- RULE 33. SUITS BY OR AGAINST COUNTIES
- RULE 330. RULES OF PRACTICE AND PROCEDURE IN CERTAIN DISTRICT COURTS
- RULE 34. AGAINST SHERIFF, ETC.
- RULE 35. ON OFFICIAL BONDS
- RULE 36. DIFFERENT OFFICIALS AND BONDSMEN
- RULE 37. ADDITIONAL PARTIES
- RULE 38. THIRD-PARTY PRACTICE
- RULE 39. JOINDER OF PERSONS NEEDED FOR JUST ADJUDICATION
- RULE 40. PERMISSIVE JOINDER OF PARTIES
- RULE 41. MISJOINDER OR NON-JOINDER OF PARTIES
- RULE 42. CLASS ACTIONS
- RULE 43. INTERPLEADER
- RULE 44. MAY APPEAR BY NEXT FRIEND
- RULE 45. DEFINITION AND SYSTEM
- RULE 46. PETITION AND ANSWER; EACH ONE INSTRUMENT OF WRITING
- RULE 47. CLAIMS FOR RELIEF
- RULE 48. ALTERNATIVE CLAIMS FOR RELIEF
- RULE 49. WHERE SEVERAL COUNTS
- RULE 50. PARAGRAPHS, SEPARATE STATEMENTS
- RULE 51. JOINDER OF CLAIMS AND REMEDIES
- RULE 52. ALLEGING A CORPORATION
- RULE 53. SPECIAL ACT OR LAW
- RULE 54. CONDITIONS PRECEDENT
- RULE 55. JUDGMENT
- RULE 56. SPECIAL DAMAGE
- RULE 57. SIGNING OF PLEADINGS
- RULE 58. ADOPTION BY REFERENCE
- RULE 59. EXHIBITS AND PLEADING
- RULE 60. INTERVENOR’S PLEADINGS
- RULE 61. TRIAL: INTERVENORS: RULES APPLY TO ALL PARTIES
- RULE 62. AMENDMENT DEFINED
- RULE 63. AMENDMENTS AND RESPONSIVE PLEADINGS
- RULE 64. AMENDED INSTRUMENT
- RULE 65. SUBSTITUTED INSTRUMENT TAKES PLACE OF ORIGINAL
- RULE 66. TRIAL AMENDMENT
- RULE 67. AMENDMENTS TO CONFORM TO ISSUES TRIED WITHOUT OBJECTION
- RULE 68. COURT MAY ORDER REPLEADER
- RULE 69. SUPPLEMENTAL PETITION OR ANSWER
- RULE 70. PLEADING: SURPRISE: COST
- RULE 71. MISNOMER OF PLEADING
- RULE 81. DEFENSIVE MATTERS
- RULE 82. SPECIAL DEFENSES
- RULE 83. ANSWER; ORIGINAL AND SUPPLEMENTAL; INDORSEMENT
- RULE 84. ANSWER MAY INCLUDE SEVERAL MATTERS
- RULE 85. ORIGINAL ANSWER; CONTENTS
- RULE 86. MOTION TO TRANSFER VENUE
- RULE 87. DETERMINATION OF MOTION TO TRANSFER
- RULE 88. DISCOVERY AND VENUE
- RULE 89. TRANSFERRED IF MOTION IS SUSTAINED
- RULE 90. WAIVER OF DEFECTS IN PLEADING
- RULE 91. SPECIAL EXCEPTIONS
- RULE 91a. DISMISSAL OF BASELESS CAUSES OF ACTION
- RULE 92. GENERAL DENIAL
- RULE 93. CERTAIN PLEAS TO BE VERIFIED
- RULE 94. AFFIRMATIVE DEFENSES
- RULE 95. PLEAS OF PAYMENT
- RULE 96. NO DISCONTINUANCE
- RULE 97. COUNTERCLAIM AND CROSS-CLAIM
- RULE 98. SUPPLEMENTAL ANSWERS
- RULE 99. ISSUANCE AND FORM OF CITATION
- PART III – RULES OF PRACTICE IN THE BUSINESS COURT
- PART IV – RULES OF PRACTICE FOR THE SUPREME COURT [REPEALED]
- PART V – RULES OF PRACTICE IN JUSTICE COURTS
- PART VI – RULES RELATING TO ANCILLARY PROCEEDINGS
- PART VII – RULES RELATING TO SPECIAL PROCEEDINGS
- PART VIII – CLOSING RULES
- Texas Rules of Evidence
- Texas Rules of Judicial Administration
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