mavii

All statutory and judicial deadlines under the Texas Rules of Civil Procedure relating to a suit abated under Subsection (b), other than those provided in this section, will be stayed during the pendency of the abatement period under this section. Added by Acts 2013, 83rd Leg., R.S., Ch. 950 (H.B. 1759), Sec. 2, eff. June 14, 2013.

(c) An abatement under Subsection (b) continues until the 60th day after the date that the written request is served or a later date agreed to by the parties. If a controverting affidavit is filed under Subsection (b)(2), a hearing on the plea in abatement will take place as soon as practical considering the court's docket.

(d) All statutory and judicial deadlines under the Texas Rules of Civil Procedure relating to a suit abated under Subsection (b), other than those provided in this section, will be stayed during the pendency of the abatement period under this section. Added by Acts 2013, 83rd Leg., R.S., Ch. 950 (H.B. 1759), Sec. 2, eff. June 14, 2013.

Sec. 73.062. ABATEMENT. (a) A person against whom a suit is pending who does not receive a written request for a correction, clarification, or retraction, as required by Section 73.055, may file a plea in abatement not later than the 30th day after the date the person files an original answer in the court in which the suit is pending.

The Texas Act applies broadly to any “claim for relief, however characterized, from damages arising out of harm to personal reputation caused by the false content of a publication” 17 Id. § 73.055(a). 18. See. S. Comm. on State Affairs, Bill Analysis at 1, Tex. H.B. 1759, 83d Leg., R.S. (“In 1993, the Uniform

2022 Texas Civil Practice and Remedies Code 73.062 – Abatement. Current as of: 2022 | Check for ... clarification, or retraction, as required by Section 73.055, may file a plea in abatement not later than the 30th day after the date the person files an original answer in the court in which the suit is pending. (b) A suit is automatically ...

2022 Texas Statutes Civil Practice and Remedies Code Title 4 - Liability in Tort Chapter 73 - Libel Subchapter B. Correction, Clarification, or Retraction by Publisher Section 73.062. Abatement. Universal Citation: TX Civ Prac & Rem Code § 73.062 (2022) Sec. 73.062. ABATEMENT. (a) A person against whom a suit is pending who does not receive a ...

Texas Statutes Title 4, Liability in Tort; Chapter 73, Libel. Refreshed: 2023-07-23. Texas Statutes Title 4, Liability in Tort; Chapter 73, Libel. Refreshed: 2023-07-23 ... Abatement Up to date. Accessed: Feb. 26, 2025 Stay Connected. Join thousands of people who receive monthly site updates. Subscribe.

Terms Used In Texas Civil Practice and Remedies Code 73.062. Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.; Affidavit: means a statement in writing of a fact or facts signed by the party making it, sworn to before an officer authorized to administer oaths, and officially certified to by the ...

Texas Civil Practice and Remedies Code – CIV PRAC & REM § 73.062. Abatement (a) A person against whom a suit is pending who does not receive a written request for a correction, clarification, or retraction, as required by Section 73.055 , may file a plea in abatement not later than the 30th day after the date the person files an original answer in the court in which the suit is pending.

Abatement., Tex. Civ. Prac. & Rem. Code § 73.062. Summary (a) A person against whom a suit is pending who does not receive a written request for a correction, clarification, or retraction, as required by Section 73.055, may file a plea in abatement not later than the 30th day after the date the person files an original answer in the court in ...

2024 Texas Stat. (here) 2023 Texas Stat. 2022 Texas Stat. View All Versions; 2024 Texas Statutes Civil Practice and Remedies Code Title 4 - Liability in Tort Chapter 73 - Libel Subchapter B. Correction, Clarification, or Retraction by Publisher. ... Abatement; Previous Disclaimer: ...

That the Legislature intended the DMA’s abatement period to apply to the TCPA’s sixty-day deadline to file a motion to dismiss is … confirmed by section 73.062(d), which specifically instructs that an abatement stays “[a]ll statutory and judicial deadlines under the Texas Rules of Civil Procedure” other than those provided in the DMA.

2019 Texas Statutes Civil Practice and Remedies Code Title 4 - Liability in Tort Chapter 73 - Libel Subchapter B. Correction, Clarification, or Retraction by Publisher Section 73.062. Abatement. Universal Citation: TX Civ Prac & Rem Code § 73.062 (2019) Sec. 73.062. ABATEMENT. (a) A person against whom a suit is pending who does not receive a ...

or invoke the statutory abatement process. See id. §§ 73.058(c), .062. The court of appeals generally agreed with the defendant, concluding that a request is a necessary predicate to submit each alleged instance of defamation to the jury and that the consequence of a plaintiff’s failure to make the required request is dismissal of ...

Section 73.062, the abatement provision, includes none of this language—it merely states that a defendant may file a plea in abatement when the plaintiff has failed to make a “written request.” According to Justice Boyd, his interpretation was the only construction of the DMA that gave meaning to this distinction.

TEX. CIV. PRAC. & REM. CODE § 73.062(a). 1 12 abatement provision provides a substitute process for obtaining the request necessary to continue the suit. To exit abatement, the plaintiff must provide a written request in response to the plea in abatement. Id. § 73.062(c).

Preview Filed: 6/22/2022 8:43 AM J OHN D. KINARD - District Clerk Galveston County, Texas Envelope No. 65655235 By: Lisa Kelly 6/22/2022 9:00 AM CAUSE NO. 22-CV-0651 CASS SHEWBART IN THE DISTRICT COURT GALVESTON COUNTY, TEXAS REO HARRIS Ill 212™ JUDICIAL DISTRICT COUNTER-DEFENDANT CASS SHEWBART’S VERIFIED PLEA IN ABATEMENT AND, SUBJECT THERETO, ORIGINAL ANSWER TO COUNTER-PLAINTIFF'S REO ...

CODE ANN. §§ 73.051–.062 (West 2017). In the plea in abatement, Fletcher averred that Reynolds had not requested a correction, clarification, or retraction of the allegedly defamatory statements as required by Section 73.055 of the DMA. Fletcher also asserted that the automatic abatement provision of Section 73.062 applied.