An Unsworn Controverting Plea May Be Amended After Expiration of the Ten-Day Filing Period

Abstract

The court in Rangel held that the unsworn controverting plea is an amendable defect. Compares the liberal and strict constructionist viewpoints of Rule 86 of the Texas Rules of Civil Procedure in light of the Rangel decision. Concludes that the liberal viewpoint is the most beneficial because the substantive aspects of the controverting please would be independent of the formal oath requirements and rule 86 would supplement, rather than supplant, rules 1, 5(b), and 63. Suggests that, in practice, the Texas Supreme Court is in accord with the liberal viewpoint. Ultimately, suggests that the Texas Supreme Court formally adopt the liberal viewpoint and holds that an unsworn controverting plea is an amendable defect.