Rule 82.Special Defenses
Last verified June 28, 2026
In one sentenceRule 82 relieves the plaintiff of denying special matter of defense the defendant pleads — it is treated as denied unless the plaintiff expressly admits it.
Full Text of Rule 82
The plaintiff need not deny any special matter of defense pleaded by the defendant, but the same shall be regarded as denied unless expressly admitted.
End
Plain-English Summary
Rule 82 spares the plaintiff a needless denial. The plaintiff need not deny any special matter of defense that the defendant pleads; the law regards that matter as denied unless the plaintiff expressly admits it.
Frequently Asked Questions
Does a plaintiff have to deny the defendant's special defenses in Texas?
No. Under Rule 82, special matter of defense is regarded as denied unless the plaintiff expressly admits it.
How does a Texas plaintiff admit a special defense?
Expressly. Rule 82 treats special matter of defense as denied unless the plaintiff admits it in clear terms.
Does staying silent waive a defendant's special defense in a Texas case?
No. Rule 82 already treats special matter of defense as denied, so the plaintiff's silence leaves it denied rather than admitted.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 82), 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: special defensesdeemed deniedspecial matter of defenseTRCP 82