DISTRICT COURT, TARRANT COUNTY Civ. A pleading may state as a counterclaim any claim against an opposing party whether or not arising out of the transaction or occurrence that is the subject matter of the opposing party's claim. Fort Worth, TX 76102 ), Texas law defines a counterclaim as a defendant's cause of action against a plaintiff that if established will defeat or qualify a judgment to which the plaintiff is otherwise entitled. (Versata Software, Inc. v. Internet Brands, Inc. (2012) CIVIL ACTION No. This post is the last in a seven-part series written to explain how counterclaims, crossclaims, and third-party claims are used in answering a lawsuit. The application for a writ of sequestration must be made under oath and must set forth: (1) the specific facts stating the nature of the plaintiff's claim; (2) the amount in controversy, if any; and. Counterclaim or Cross Claim on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', SCOTUS to Decide Constitutionality of Consumer Financial Protection Bureau. In a permissive counterclaim, Dorson asserts that Jake owes her money. 2:08-cv-313-WCB, at *5 quoting McBryde v. Curry (1995) 914 S.W.2d 616, 620; see Latham v. Allison (1977) 560 S.W.2d 481, 485. Fax: 512-318-2462 It may claim relief exceeding in amount or different in kind from that sought in the pleading of the opposing party, so long as the subject matter is within the jurisdiction of the court. You can email the site owner to let them know you were blocked. 1999) (res judicata bars assertion of claims that were compulsory counterclaims in an earlier suit). A pleading that states a claim for relief must contain a short and plain statement of the grounds for the court's jurisdiction, unless the court already has jurisdiction and the claim needs no new jurisdictional . 62.041. Compulsory counterclaims. A counterclaim is a cause of action existing in favor of a defendant against a plaintiff. (McBryde v. Curry (1995) 914 S.W.2d 616, 620. (a) If a writ is dissolved, any action for damages for wrongful sequestration must be brought as a compulsory counterclaim. 62.043. Telephone: 817-953-8826 Dallas, TX 75252 Sec. R. Civ. The defendant may also raise counterclaims or affirmative defenses. A pleading may state as a cross-claim any claim by one party against a co-party arising out of the transaction or occurrence that is the subject matter either of the original action or of a, counterclaim therein. Sec. 62.022. The court will rule separately on the respective claims of plaintiff and defendant. 167, Sec. 22 In commenting on Federal Rule 13 (a)'s condition that a claim must be mature in order to be compulsory, Professors Wright and Miller state: Forcible entry and detainer is an extraordinary remedy requiring speedy disposition to be efficacious. 250 MOTION FOR DISSOLUTION; STAY. DENTON COUNTY, TEXAS PLAINTIFF'S MOTION TO DISMISS COUNTERCLAIM Plaintiff, Debra S. Chepulis ("Plaintiff"), pursuant to Rule 91a of the Texas hereby moves the Court to dismiss the Original Counterpetition ("Counterclaim") of Defendant, Dale M. Chepulis ("Defendant"), r enforcement of an agreed divorce A court should grant a . (a) A writ of sequestration must prominently display the following statement on the face of the writ: YOU HAVE A RIGHT TO REGAIN POSSESSION OF THE PROPERTY BY FILING A REPLEVY BOND. (f) Additional Parties. Eugenia Benitez and A lawyer with such expertise will correctly use these different types of claims to help a defendant successfully oppose allegations. Compliance Bundles on demand anytime. Post 5: Verified Denials Sec. A pleading may state as a counterclaim any claim against an opposing party whether or not arising out of the transaction or occurrence that is the subject matter of the opposing party's claim. ), Under Rule 97(a) [a] pleading must state as a counterclaim any claim thatat the time of its service[that] the pleader has against an opposing party[. (g) Separate Trials; Separate Judgments. PENDING SUIT REQUIRED. COMPULSORY COUNTERCLAIM FOR WRONGFUL SEQUESTRATION. Post 3: Special Exceptions 325-445917-08 The legislature at length engrafted exceptions allowing, on appeal, recovery of damages, etc., incurred on account of the withholding of possession, and allowing the joinder of claims for rent if within the jurisdiction of the justice court. P. 97 (f), a third-party claim is brought against someone who the defendant feels is somehow responsible but who is not originally part of the plaintiffs claim. Kentucky rule 13.02, dealing with permissive counter LIABILITY FOR FRUIT OF REPLEVIED PROPERTY. 51 A pleading must state as a counterclaim any claim thatat the time of its servicethe pleader has against an opposing party if the claim: (A) arises out of the transaction or occurrence that is the subject matter of the opposing party's claim; and If a defendant does raise counterclaims in her answer, the plaintiff must respond to those counterclaims with a pleading called an "answer to a counterclaim." The form and content of an "answer to a counterclaim" is similar to that of an answer. My original intent behind this blog was to create a reference spot full of. It is generally filed as part of the answer and includes allegations that the defendant could have made if the plaintiff had not filed first. E-mail: info@silblawfirm.com, Dallas Office Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense. 08-17-00153-CV, at *10-11 citing Jack H. Brown Co. Inc. v. N.W. Adding your team is easy in the "Manage Company Users" tab. A pleading shall state as a counterclaim any claim within the jurisdiction of the court, not the subject of a pending action, which at the time of filing the pleading the pleader has against any opposing party, if it arises out of the transaction or occurrence that is the subject matter of Pleading Rules Statement of Jurisdiction. that is the basis of an action, a party to the action may file the counterclaim or Performance & security by Cloudflare. (b) In addition to damages, the party who sought dissolution of the writ may recover reasonable attorney's fees incurred in dissolution of the writ. Sec. Telephone: 409-240-9766 A writ of sequestration may be issued for personal property under a mortgage or a lien even though the right of action on the mortgage or lien has not accrued. Sec. 600 (a) If a writ is dissolved, any action for damages for wrongful sequestration must be brought as a compulsory counterclaim. Agency, Inc. (1992) 839 S.W.2d 791, 796. This construction is in harmony with provisions of the Civil Practice Act, specifically, OCGA 9-11-12(b), which requires that a compulsory counterclaim be set forth in the defensive pleadings, and with OCGA 9-11-13(f), which vests the trial court with discretion to allow an untimely compulsory counterclaim by amendment. 62.021. WHO MAY ISSUE. Other subdivisions have minor textual change. Other topics in this series are listed below. The proceedings relating to the writ shall be as in other cases, except that final judgment may not be rendered against the defendant until the right of action has accrued. In 1999, the California district court granted (b) If the writ is dissolved, the action proceeds as if the writ had not been issued. (a) The defendant may seek dissolution of an issued writ of sequestration by filing a written motion with the court. 42 3:2021cv02883 - Document 37 (N.D. Tex. E-mail: info@silblawfirm.com. (b) The officer's compensation and charges shall be taxed and collected as a cost of suit. GROUNDS. Its purpose is to provide that a potential counterclaimant with a justiciable interest arising out of the same transaction or occurrence at issue in the opposing party's claim bring the counterclaim in the same proceeding or it will be deemed waived. (In re a P Co. (2009) No. DECLARATORY RELIE, 233-678988-20 FILED WRONGFUL SEQUESTRATION OF CONSUMER GOODS. If the defendant fails to assert a counterclaim in their answer, they are thereafter precluded from asserting it against the plaintiff in the plaintiff's pending action or in an independent action. 62.046. https://texas.public.law/statutes/tex._civ._practice_and_remedies_code_section_62.044. 106) Question: Is it permissible under the new rules for the tenant-defendant who has been overcharged in rent to file a cross-action in Forcible Entry and Detainer suit to recover the treble damages and attorneys fees to which he is entitled under the Price Control Act? Nick's Management Inc et al, No. An indemnity claim against an outside person or company is a good example of a third-party claim. HEARING ON MOTION. Watershed, Inc., 330 Ga. App. Texas Civil Practice & Remedies Code 16.069 - Counterclaim or Cross Claim states: (a) If a counterclaim or cross claim arises out of the same transaction or occurrence that is the basis of an action, a party to the action may file the counterclaim or cross claim even though as a separate action it would be barred by limitation on the date the 45 A Practice Note explaining how a defendant in a Texas district or county civil court case may assert affirmative claims against the plaintiff (counterclaims) or co-defendants (cross-claims). Corpus Christi, TX 78401 Permissive > > Read More.. 242 (1859); H.K. Texas rule 51 (a) parallels . [ Fed. A pleading shall state as a counterclaim any claim within the jurisdiction of the court, not the subject of a pending action, which at the time of filing the pleading the pleader has against any opposing party, if it arises out of the transaction or occurrence that is the subject matter of the opposing party's claim and does not require for its In other words, if the defendant fails to sue on the claim now, s/he cannot sue in the future on that same claim. 3/2/2021 4:11 PM 62.061. App.-San Antonio 1912); R. S. 1879, Arts. Enter to open, tab to navigate, enter to select, https://content.next.westlaw.com/practical-law/document/I24369f96844b11e38578f7ccc38dcbee/Responsive-Pleadings-Counterclaims-and-Cross-Claims-TX?viewType=FullText&transitionType=Default&contextData=(sc.Default), Responsive Pleadings: Counterclaims and Cross-Claims (TX). Beaumont, TX 77706 62.044. The liberal rules of joinder and counterclaim in district and county courts did not obtain in forcible entry and detainer cases before the adoption of the rules, but the exceptions to the general principle of one issue only, above described, were always up to that time exclusive. A district or county court judge or a justice of the peace may issue writs of sequestration returnable to his court. Post 6: Affirmative Defenses ), The statute is a savings clause, intended to prevent a plaintiff from waiting until an adversary's valid claim arising from the same transaction was barred by limitations before asserting his own claim. (Pitts & Collard, L.L.P. it is within the jurisdiction of the court; it is not at the time of filing the answer the subject of a pending action; the claim is mature and owned by the defendant at the time of filing the answer; it arose out of the same transaction or occurrence that is the subject matter of the opposing party's claim; it is against an opposing party in the same capacity; and. Sec. A counterclaim is a cause of action filed by a defendant in a lawsuit. (a) An officer who retains custody of sequestered property is entitled to just compensation and reasonable charges to be determined by the court that issued the writ. E-mail: info@silblawfirm.com, San Antonio Office & F.B. Crossclaims should only be brought after due consideration is given to the circumstances surrounding all the facts and nuances of the litigation proceedings. 2/26/2021 2:51PM On March 2, 2011, with motions for sanctions pending against him, Hill filed a pro se motion for nonsuit. Sept. 1, 1987. You can always see your envelopes For a bona fide error to be available as a defense, the plaintiff must prove the use of reasonable procedures to avoid the error. R. Civ. Fees earned help pay for the maintenance of this blog so we can continue to bring you useful deadline calculators. 238 (Mont. #220 44 Copyright 2023, Thomson Reuters. ), The compulsory counterclaim rule and the doctrine of res judicata are affirmative defenses. YOU HAVE A RIGHT TO SEEK TO REGAIN POSSESSION OF THE PROPERTY BY FILING WITH THE COURT A MOTION TO DISSOLVE THIS WRIT. (c) Counterclaim Exceeding Opposing Claim. By assigning responsibility to a third party, the defendant may also be able to allocate all or part of the plaintiffs damages to that third party. 360-694616-21 ELEGANT AFFAIRS, INC., et al, Original Answer and Original Counter Petition for Divorce - Cross Action/C, In the Matter of the Marriage of 2000) ("[S]imply filing an answer, Telephone: 214-307-2840 You must have JavaScript enabled in your browser to utilize the functionality of this website. Sec. (b) The statement must be printed in 10-point type and in a manner intended to advise a reasonably attentive person of its contents. This type of claim is called a crossclaim. Trust, & BRT Realty Operating Ltd. (2018) No. The defendant 's compulsory counterclaim may not be precluded if he was not aware that he could bring the compulsory counterclaim ( Dindo v. Whitney 1971) If the defendant wins an affirmative defense, then the defendant can counterclaim on the same facts Some jurisdictions also follow the "Common Law Compulsory Counterclaim Rule." Unless the parties agree to an extension, the court shall conduct a hearing on the motion and determine the issue not later than the 10th day after the motion is filed. (c) Counterclaim Exceeding Opposing Claim. Jake sues Dorson alleging that Dorson negligently left her childs roller skate on her front porch which resulted in the accident. (Moore v. First Fin. M2 and ABC filed answers and counterclaims for sanctions and attorney's fees. entrepreneurship, were lowering the cost of legal services and ), To determine whether counterclaims arise out of the same transaction or occurrence, courts apply a logical relationship test. Through social Fax: 713-255-4426 FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Your subscription has successfully been upgraded. ), 360-644792-18 FILED Sec. Join thousands of people who receive monthly site updates. It is usually filed with the answer and may be part of a counterclaim. Stay up-to-date with how the law affects your life. Cite this article: FindLaw.com - Texas Civil Practice and Remedies Code - CIV PRAC & REM 16.069. 82.208.9.155 62.045. JUDICIAL DISTRICT J.B. Hunt's counsel suggested at oral argument that it is unclear whether Dallas County is indeed a county of proper venue. Please wait a moment while we load this page. 802 Two other states, Kentucky and Texas, while influenced by the federal rules, have apparently attempted to solve the problem posed by the above-mentioned federal provisions. The Texas compulsory counterclaim rule is based on Rule 13 of the Federal Rules of Civil Procedure. Sept. 1, 1985. Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. ), Application of this test requires that at least some of the facts surrounding the causes of action arise from the same transaction or occurrence. (Encore Enters., Inc. v. Borderplex Realty Trust, Real Estate Inv. Section 62.044 Compulsory Counterclaim for Wrongful Sequestration, You will lose the information in your envelope, 2ND AMND ANSWER & COUNTERPETITION TO MOD PCR, Michael Paul Baimbrigde Counterpetition for Declaratory Relief, BAIMBRIDGE, REBECCA LYNN vs. BAIMBRIDGE, MICHAEL PAUL, SANDRA SOLIS JIMENEZ vs HECTOR MANUEL SOLIS, Citation-ISSUED ON SANDRA SOLIS JIMENEZ-On, Citation-ISSUED ON DANIEL ONTIVEROS SORIANO, JR-On 03/01/2021, ORIGINAL ANSWER TO COUNTER PETITION - ORIGINAL ANSWER TO CROSS CLAIM - COU, SHANUP DALAL, et al vs. (No. Your subscription was successfully upgraded. (b) Damages may not be awarded for the failure of the plaintiff to prove by a preponderance of the evidence the specific facts alleged if the failure is the result of a bona fide error. USLegal has the lenders!--Apply Now--. 48 It may claim relief exceeding in amount or different in kind from that sought in the pleading of the opposing party, so long as the subject matter is within the jurisdiction of the court. DISSOLUTION. > > Read More.. Service. Counterclaims must be served on all parties to the action, unless the court orders otherwise under FRCP 5(c) because there are numerous defendants. If a counterclaim or cross claim arises out of the same transaction or occurrence that is the basis of an action, a party to the action may file the counterclaim or cross claim even though as a separate action it would be barred by limitation on the date the party's answer is required. A pleading shall state as a counterclaim any claim within the jurisdiction of the court, not the subject of a pending action, which at the time of filing the pleading the pleader has against any opposing party, if it arises out of the transaction or occurrence that is the subject matter of the opposing party's claim and does not require for its P. 97: (a) Compulsory Counterclaims. Browse USLegal Forms largest database of85k state and industry-specific legal forms. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. SHANUP DALAL AND, Received and E-Filed for Record with the compulsory counterclaim, using the same phrasing as federal rule 13(a). A compulsory counterclaim generally must be a part of the initial answer to the plaintiff's action and cannot be made later in the suit or in a separate lawsuit. Compulsory-Counterclaim Rule Law and Legal Definition Compulsory-Counterclaim rule is a rule of the federal rules of civil procedure which requires a defendant to present every counterclaim arising out of the same transaction or occurrence that is the basis of the plaintiff's claim. 1, eff. 14-09-00729-CV, at *1 citing Bard v. Charles R. Myers Ins. principal office in Texas exists in Dallas County. E-mail: info@silblawfirm.com, Beaumont Office Sec. 2d 449, 452 (S.D. Counterclaim: A claim that a defendant makes against a plaintiff. (b) This section does not apply to a plaintiff who replevies the property. (a) Compulsory Counterclaims. The counterclaim provides facts which will grant relief to the defendant if those facts are proven to be true. Bladimir Benitez This rule shall not be construed to authorize the joinder in one action of any claim against an opposing party and an insurance company which has issued to such opposing party a contract of liability or indemnity insurance to protect the party from an adverse judgment in such an action, unless such joinder be specifically authorized by statute or the contract sued on. (e) Cross-claim Against Co-party. Users of this website should not take any actions or refrain from taking any actions based upon content or information on this website. All information provided on Silblawfirm.com (hereinafter "website") is provided for informational purposes only, and is not intended to be used for legal advice. 3.11, eff. If the court orders separate trials as provided in Rule 174, judgment on a counterclaim or cross-claim may be rendered when the court has jurisdiction so to do, even if the claims of the opposing party have been dismissed or otherwise disposed of. (a) An officer who executes a writ of sequestration shall care for and manage in a prudent manner the sequestered property he retains in custody. (c) The filing of a motion to dissolve stays proceedings under the writ until the issue is determined. (b) If the officer entrusts sequestered property to another person, the officer is responsible for the acts of that person relating to the property. B.J. Thurber & Co. v. Conners, 57 Tex. 2/25/2021 2:27 PM 62.042. 1929), (adsbygoogle=window.adsbygoogle||[]).push({}), Need a Personal Loan? try clicking the minimize button instead. (1) In General. S., Ste. We will always provide free access to the current law. 1 (a) Following the hearing, the writ must be dissolved unless the party who secured its issuance proves the specific facts alleged and the grounds relied on for issuance. A counterclaim for breach of contract is used to defend oneself against an opposing party after an initial claim has been filed. A counterclaim must be filed with the court no later than a reasonable time after service, upon all other parties or their counsel. A pleading shall state as a counterclaim any claim which at the time of serving the pleading the pleader has against any opposing party, if it arises out of the transaction or occurrence that is the subject matter of the opposing party's claim and does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction. TARRANT COUNTY Telephone: 713-255-4422 233-678988-20 ), The plain language of Rule 97(a) does not require a compulsory counterclaim to be filed within the time for filing the defendant's answer. Convenient, Affordable Legal Help - Because We Care. A counterclaim is a cause of action filed by a defendant in a lawsuit. Defendants may make their own claims against the plaintiff. E-mail: info@silblawfirm.com, Fort Worth Office We will email you There are two types of counterclaims: compulsory counterclaims and permissive counterclaims. Prac. Texas Civil Practice and Remedies Code - CIV PRAC & REM 16.069. filing a permissive counterclaim may waive defendant's right to removal, it is clear that in this jurisdiction, as well as others, the filing of a compulsory counterclaim does not."); Hingst v. Providian Nat'l Bank, 124 F. Supp. A defendant may also make a pleading against a fellow defendant. Location: 8000 IH-10 West, Suite 600 There are several actions that could trigger this block including submitting a certain word or phrase, a SQL command or malformed data. A compulsory counterclaim generally must be a part of the initial answer to the plaintiffs action and cannot be made later in the suit or in a separate lawsuit. Current as of April 14, 2021 | Updated by FindLaw Staff. 618 Acts 1985, 69th Leg., ch. In (c) a similar limitation has been embodied. Civil Practice and Remedies Code section 16.069 provides an exception to the statute of limitations applicable to compulsory counterclaims: (Tex. AVAILABLE FOR CLAIM NOT DUE. E-mail: info@silblawfirm.com, Corpus Christi Office 16.069). (3) the facts justifying issuance of the writ. Houston, TX 77018 , REBECA LYNN BAIMBRIDGE IN THE DISTRICT COURT Silberman Law Firm, PLLC Copyright 2016 | DisclaimerPrincipal office located in Houston, TX. 777 Main Street, Ste. R. Civ. P. 13 (a)]. Post 4: The General Denial What is the deadline to file an answer to a counterclaim in Texas? Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. Your credits were successfully purchased. 200D These are the only exceptions that obtained when the rules were adopted and, together with the general principle, they have passed into rule form with no change in substantial wording other than an extension of the second of the exceptions so as to be open to a great extent to either party. R. Civ. Original Source: If you fail to obtain leave and file a Counterclaim, you will waive the issue under the entire controversy doctrine. 7, 2021). Prac. TARRANT COUNTY @ohwilleke As Prof. Shapiro said in Restatement (Second) of Judgments 22(2)(b)(1982),"common-law compulsory counterclaim rule" has different nature than compulsory counterclaim rules which were created by statute or rule of court (bit.ly/shapi1) For example, he cited to "BANK OF MONTREAL v.Jack KOUGH, aka John Keller Kough" to proves his idea, while it was a case under the federal . Buying a Property Without Title Insurance in Texas. (c) The officer is liable for injuries to the sequestered property resulting from his neglect or mismanagement or from the neglect or mismanagement of a person to whom he entrusts the property. PRAC. REQUIRED STATEMENT OF RIGHTS. The counterclaim may focus on the same event or situation that the plaintiff has alleged, or it may arise out of a completely different event. Contact us. Sec. ), A compulsory counterclaim must be asserted in the initial action and cannot be asserted in later actions; a party's failure to assert a compulsory counterclaim precludes that party from asserting it in later lawsuits. (Id. The Texas compulsory counterclaim rule is based on Rule 13 of the Federal Rules of Civil Procedure. We offer this feature at no additional cost to you. Civ. 289, 289-290 (1) (a) (765 SE2d 531) (2014) (because magistrate court was not a court of competent jurisdiction to resolve tenant's counterclaims on the merits . against Autosport in a Texas federal court, the California district court declined to issue an injunction; however, the court concluded that Spoilers had asserted what amounted to a compulsory counterclaim and expressed willingness to accept the transfer of the Texas suit. 41 It is generally filed as part of the answer and includes allegations that the defendant could have made if the plaintiff had not filed first. Permissive counterclaims can be made even at the later stage of the suit or in a different suit. & Rem Code Ann. A counterclaim may or may not diminish or defeat the recovery sought by the opposing party. 959, Sec. (e) Crossclaim Against Co-Party. Post 1: The Basics of Drafting an Answer For this reason, from the time of its introduction one of its general principles, upon the authority of statute, was that the only issue to be contested in the proceeding would be "the right to actual possession." A crossclaim may be filed by a defendant against another defendant or a plaintiff against another plaintiff. INRE MADISON K RUTLE, First 62.002. 49 For example, claims between defendants may present weaknesses against the plaintiffs allegations. (a) If a writ that sought to sequester consumer goods is dissolved, the defendant or party in possession of the goods is entitled to reasonable attorney's fees and to damages equal to the greater of: (2) the finance charge contracted for; or. R. Civ. , THE STATE OF TEXAS The authorities for the views above expressed are Clark v. Snow, 24 Tex. Back to Main Page / Back to List of Rules. Rules 14 (a) (2) (B) and (a) (3) reflect the distinction between compulsory and permissive counterclaims. A subsequent action on a matter that might have been included as a counterclaim in the prior action is abated by the prior action[i]. 959, Sec. Compulsory Counterclaim for Wrongful Sequestration. OFFICER'S LIABILITY AND DUTY OF CARE. SUBCHAPTER D. CARE AND MANAGEMENT OF SEQUESTERED PROPERTY. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. TARRANT COUNTY cross claim even though as a separate action it would be barred by limitation on the Sec. APPLICATION. & Rem.Code Ann. COMPENSATION OF OFFICER. date the party's answer is required. 7 Tex. Such cross-claim may include a claim that the party against whom it is asserted is or may be liable to the cross-claimant for all or part of a claim asserted in the action against the cross-claimant. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. Sign (1986) 718 S.W.2d 397 at 400.) This website is using a security service to protect itself from online attacks. Your email address will not be published. https://codes.findlaw.com/tx/civil-practice-and-remedies-code/civ-prac-rem-sect-16-069/, Read this complete Texas Civil Practice and Remedies Code - CIV PRAC & REM 16.069.