Houston, TX asked in Civil Litigation, Civil Rights and Constitutional Law for Texas

Q: Must I respond to a defendants Affirmative Defenses or wait until discovery I did not even receive the answer with

The Affirmative defenses until 2 weeks after it was filed

1 Lawyer Answer

A: If there are matters you wish to raise in avoidance of an affirmative defense (in essence, an affirmative defense to an affirmative defense), you must affirmatively plead them within the pleading deadline set by any applicable scheduling order.

Almost always, the discovery period will begin before the deadline in the scheduling order for responsive pleadings.

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