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The proper procedure is for the defendant governmental entity to file and to seek a ruling on its jurisdictional plea before filing what would normally be a compulsory counterclaim for affirmative relief. Alternatively, the governmental entity could first file its jurisdictional plea, then file its"compulsorycounterclaim for affirmative relief expressly subject to its jurisdictional plea and contingent upon the plea's denial.
October 25, 2004 at 12:00 AM
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The original version of this story was published on Texas Lawyer
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