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TEXAS RULES OF CIVIL PROCEDURE / RULE 96

TRCP 96: No discontinuance

Discontinuing a suit must not prejudice the right to be heard on a filed counterclaim seeking affirmative relief.

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Rule 96, illustrated

Texas Rule 96: No discontinuance. Poster 1 of 1.
Rule 96 — poster 1 of 1Complete Rule 96: protection of a counterclaim seeking affirmative relief.Open illustrated reader →
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Where the defendant has filed a counterclaim seeking affirmative relief, the plaintiff shall not be permitted by a discontinuance of his suit, to prejudice the right of the defendant to be heard on such counterclaim.