4.10(2). "P: "Mmmmmaybe? Sept. 1, 2003. Consider the "motion for substitute service" in which a plaintiff is asking the court for permission to lighten up its usual burden to personally serve a guy. Tex. op. That's basic procedure in America. This rule imposes no duty to supplement or amend deposition testimony. 204, Sec. c. That the plaintiff is not entitled to recover in the capacity in which he sues, or that the defendant is not liable in the capacity in which he is sued. United States Congress - Wikipedia Part II - Rules of Practice in District and County Courts. Where the suit is on an insurance contract which insures against certain general hazards, but contains other provisions limiting such general liability, the party suing on such contract shall never be required to allege that the loss was not due to a risk or cause coming within any of the exceptions specified in the contract, nor shall the App.--Houston [14th Dist.] (3) the failure of the water source to contain an adequate supply of water during a fire. 33.016. A plaintiff needs to prove its claims, or it can't get what it wants. Amended by Acts 1987, 70th Leg., 1st C.S., ch. A trial court may also order this procedure. & Loan, 751 S.W.2d 487 (Tex. In an action in which a party seeks recovery of damages for injury to another person, damage to the property of another person, death of another person, or other harm to another person, "claimant" includes: (A) the person who was injured, was harmed, or died or whose property was damaged; and. 0000092629 00000 n 0000020655 00000 n l. That a contract sued upon is usurious. Following the U.S. Supreme Court's example, upon passage of the Rules of Practice Act, the Texas Supreme Court appointed an Advisory Committee to recommend Rules of Civil Procedure. App.--Dallas 2013) (lack of capacity to be sued based on one vague affidavit and attached records silent as to same issue did place question of capacity "of record").Contrast all these holdings to the sane holding in this mess: Howell v. Thompson, No. Employers' Ins. For any questions about the rules, please call (512) 463-4097. Amended by Acts 1995, 74th Leg., ch. If so, have your local Supreme Court change it. Amended by order of Nov. 9, 1998, eff. endstream endobj 57 0 obj <> endobj 58 0 obj <> endobj 59 0 obj <>/Font<>/ProcSet[/PDF/Text]>> endobj 60 0 obj <> endobj 61 0 obj <> endobj 62 0 obj <> endobj 63 0 obj <> endobj 64 0 obj <> endobj 65 0 obj [/ICCBased 89 0 R] endobj 66 0 obj <>stream & Rem. Texas Rule of Civil Procedure 91a - McGuireWoods 0000010839 00000 n 437, Sec. Wisdom from the profane. they're called pleadings because you plea for relief. Tex. Early on, the delegates who were opposed to having a strong central government argued that national laws could be enforced by state courts, while others, including James Madison, advocated for a national judicial authority consisting of tribunals chosen by the national legislature. Only the percentage of responsibility of each defendant and contribution defendant shall be included in this determination. If no defendant makes this election or if conflicting elections are made, all defendants are considered to have elected Subsection (c)(1). 3. Because the summary judgment evidence in Lechugawas similar to the pretty clear summary judgment evidence in Cantu, the Cantu court decided the defendant company had put the truth "of record," thus waiving the need for a properly verified affidavit. The Rules of Civil Procedure govern the proceedings in civil trials. 7{KJ/BxbCPi(8L? )iB! 5.02, eff. Corp., 875 S.W.2d 455, 457 (Tex. "P" "I dunno. The Texas Supreme Court adopted judicial bypass rules that govern proceedings for obtaining a court order authorizing a minor to consent to an abortion without notice to, or the consent of, a parent, managing conservator, or guardian. Certain Pleas To Be Verified TEXT A pleading setting up any of the following matters, unless the truth of such matters appear of record, shall be verified by affidavit. (a) Except as provided in Subsection (b), a liable defendant is liable to a claimant only for the percentage of the damages found by the trier of fact equal to that defendant's percentage of responsibility with respect to the personal injury, property damage, death, or other harm for which the damages are allowed. %%EOF 2. In pleading for relief, a plaintiff needs to file documents to support its claim. "I never signed a contract for this debt and they say I did"), then the defendant needsto "verif[y] by affidavit" these defensive pleadings. App.--Ft. Sept. 1, 2003. xref Sept. 1, 2003. Section-16 Probation and Parole OP-160901 Page: 1 Effective Date: 11/16/2021 Revision-01 dated 06/29/2022 Revision on pages 1, 2, 6, 20, 24 The offender will be advised of violations and recommended sanctions as referred to in the rules and conditions of parole. 1994, no writ). (b) As among themselves, each of the defendants who is jointly and severally liable under Section 33.013 is liable for the damages recoverable by the claimant under Section 33.012 in proportion to his respective percentage of responsibility. (N) Section 21.02 (continuous sexual abuse of young child or disabled individual). "So, there's a real thingcalled a pleading record, and it seems to any simple, literate reader that Rule 93, when it says "pleadings" is talking about pleadings and a pleading record. You should verify denial, and if your verification sucks, also have that backup summary judgment evidence, rather than simply rely on one or the other.Defendants need to file verified denials for the Rule 93 matters requiring it. (1) each claimant; (2) each defendant; (3) each settling person; and (4) each responsible third party who has been designated under Section 33.004. 1, eff. This rule imposes a duty upon parties to make a complete response to written discovery based upon all information reasonably available, subject to objections and privileges. A guy lost his arm in a machine, the Board statutorily created to deal with such injuries gave him an amount of money, he rejected it, and filed a bit too late. 2, Sec. App. P. 93(7). 1, eff. Change: The basic statute relating to sworn pleadings was Art. 4.02, eff. "D: "Judge, what?! 0000018084 00000 n In so doing, the Legislature found that --. Ethical complaints and reports of misconduct are investigated by the State Bar of Texas. Back to Main Page / Back to List of Rules. LEXIS 1362, 2011 WL 66763, at *1 (Tex. It focused on the summary judgment evidence the Lechugacourt dealt with, rather than the rationale concerning jurisdiction. The only duty to supplement deposition testimony is provided in Rule 195.6. 1, eff. Sept. 2, 1987; Acts 1995, 74th Leg., ch. 0 (a) This chapter applies to: (1) any cause of action based on tort in which a defendant, settling person, or responsible third party is found responsible for a percentage of the harm for which relief is sought; or. A finding of good cause or of the lack of unfair surprise or unfair prejudice must be supported by the record. 136, Sec. In 1934, the Congress empowered the United States Supreme Court to prescribe general rules of practice and procedure in federal courts consistent with Acts of Congress. 4.07, 4.10(5), eff. What do I know? Us Marshal Warrant ListA Federal warrant was - supremacy-network.de CIVIL PRACTICE AND REMEDIES CODE CHAPTER 30. MISCELLANEOUS - Texas You can often find local rules on your county's or city's website. 33.002. Acts 1985, 69th Leg., ch. The denial required by this subdivision of the rule may be made upon information and belief. Tex. Effective September 1, 1986, the rules governing procedure on appeal were extracted from the Rules of Civil Procedure and promulgated as the Texas Rules of Appellate Procedure. (b) Notwithstanding Subsection (a), each liable defendant is, in addition to the defendant's liability under Subsection (a), jointly and severally liable for the damages recoverable by the claimant under Section 33.012 with respect to a cause of action if: (1) the percentage of responsibility attributed to the defendant with respect to a cause of action is greater than 50 percent; or. Access Texas court rules online. Sept. 1, 1995; Acts 2003, 78th Leg., ch. The Code of Criminal Procedure governs criminal proceedings. TEXAS RULES OF CIVIL PROCEDURE (Effective January 1, 2021) (c) the singular and plural each includes the other. 2.08, eff. App.--Dallas 2010, pet. LEXIS 6832, 2010 WL 3294247, at *4 (Tex. That the plaintiff has not legal capacity to sue, or that the defendant has not legal capacity to be sued. DEFINITIONS. The scope of sworn denials has, however, been broadened. If you would like to locate a library book, access the library catalog. TJB | Rules & Forms | Rules & Standards - txcourts.gov Sept. 1, 1985. On rehearing, it really dug into the matter. With it have been combined provisions from a number of other specific statutes requiring sworn pleas. Co., 885 S.W.2d 212, 214 (Tex. See Loftin v.Martin, 776 S.W.2d 145 (Tex. 4, eff. In 1891 the provision was amended to give the Court "power to make and establish rules of procedure not inconsistent with the laws of the State for the government of said court and the other courts of this State to expedite the dispatch of business therein." So, Cantu's holding basically said that where very clear summary judgment evidence (like a sworn deposition with a contract laying out parties' responsibilities and relationships) existed, the need for either a verified affidavit to be filed, or for a verified affidavit to be correct could be excepted.Other courts began to follow, citing usually to Cantu(which we recall blew a tiny cheat to let a judge determine jurisdiction into other areas of law). Subdivision b will under this rule include the plea that the defendant has not legal capacity to be sued. Subdivision c has been extended to include a denial of defendants liability in the capacity in which he is sued. TRCP Rule 93 requires verified denials. R. Evid. Affirmative Defenses Read Texas Rules of Civil Procedure Rule 94 for a list of affirmative defenses. A denial of any of the matters set forth in subdivisions (a) or (g) of paragraph 13 may be made on information and belief. Judicial Committee on Information Technology, Task Force on Judicial Emergency Preparedness, Texas Commission to Expand Civil Legal Services, Timothy Cole Exoneration Review Commission, Guardianship Abuse, Fraud and Exploitation Deterrence Program (GAFEDP), Pretrial Risk Assessment Information System for Texas, Texas Records and Information Locator (TRAIL). Texas Children's Commission View details in library catalog. (2) the defendant, with the specific intent to do harm to others, acted in concert with another person to engage in the conduct described in the following provisions of the Penal Code and in so doing proximately caused the damages legally recoverable by the claimant: (C) Section 20.04 (aggravated kidnapping); (F) Section 22.021 (aggravated sexual assault); (G) Section 22.04 (injury to a child, elderly individual, or disabled individual); (J) Section 32.45 (misapplication of fiduciary property or property of financial institution); (K) Section 32.46 (fraudulent securing of document execution); (L) Section 32.47 (fraudulent destruction, removal, or concealment of writing); (M) conduct described in Chapter 31 the punishment level for which is a felony of the third degree or higher; or. 136, Sec. Sept. 2, 1987; Acts 1995, 74th Leg., ch. Pleadings are not motions; the distinction is abstruse, but fundamentally, a motion is usually brought in the context of a pleading, and is predicated on the pleading preceding it. An objection to written discovery does not excuse the responding party from complying with the request to the extent no objection is made. PROPORTIONATE RESPONSIBILITY. 0000086106 00000 n Plus free gift with purchase!. (a) If the claimant is not barred from recovery under Section 33.001, the court shall reduce the amount of damages to be recovered by the claimant with respect to a cause of action by a percentage equal to the claimant's percentage of responsibility. Sept. 1, 1985. A defendant can sit back and wait for the plaintiff to prove; if it can't, it loses and defendant goes home. 33.001. How about the ramifications of failure to properly verify denial?So now we need to square this bad law the courts went off and made with the established "axiomatic" case law about the effects of failure to properly verify denial under Rule 93. When a case is appealed, theRules of Appellate Procedure govern the appeals process. Any party can request a hearing in which the court will resolve issues brought up in objections or withholding statements. The Code of Judicial Conduct is the set of ethics rules for judges in Texas. 3. "P: "Hard to recall. (a) It is an affirmative defense to a civil action for damages brought against a defendant who is an owner, lessee, or occupant of real property who permits a fire-fighting agency to connect a dry fire hydrant to a source of water on the property or to install a dry fire hydrant on the property that the damages arise from: (1) the condition or use of the dry fire hydrant; (2) the installation or maintenance of the dry fire hydrant; or. LEXIS 1721, at *2 (Tex. Amended by Acts 1989, 71st Leg., ch. Sec. Wright v. Gateway Tire of Tex., Inc., 2014 Tex. If it's conclusive, then how can a court properly exercise discretion to allow the evidence in (as the holdings discussed above would otherwise allow)? art. Lawyers use Rule 202 for identifying potential defendants, refining legal theories, and making a case for avoiding trial. Special Exceptions (Mar1941) TEXT A special exception shall not only point out the particular pleading excepted to, but it shall also point out intelligibly and with particularity the defect, omission, obscurity, duplicity, generality, or other insufficiency in the allegations in the pleading excepted to. In 1939 the Texas Legislature enacted the Rules of Practice Act giving the Supreme Court "full rulemaking power in the practice and procedure in civil actions." 274), Sec. App.--Houston [1st Dist.] The court's power to limit discovery based on the needs and circumstances of the case is expressly stated in Rule 192.4. Sec. For rule-related questions, please call (512) 463-4097. (e) This section shall not apply to benefits paid by or on behalf of an employer to an employee pursuant to workers' compensation insurance coverage, as defined in Section 401.011(44), Labor Code, in effect at the time of the act, event, or occurrence made the basis of claimant's suit. Transcriptions of debates and copies of proposals received by the committee are kept in the State Law Library and at the Supreme Court. Tex. September 1, 2005. 414, Sec. Parties cannot contradict deemed admissions, "whether in the form of live testimony or summary judgment evidence." This rule is thus broader than Tex. 277 (S.B. (3) a cause of action for damages arising from the manufacture of methamphetamine as described by Chapter 99. Rule 93 (a); Shell Petroleum Corp. v. Grays, 122 Tex. A party may also object to a request for a litigation file on the ground that it is overly broad and may assert that on its face the request seeks only materials protected by privilege. The Civil Rules were last amended in 2022. we recommend you use our site map for navigation, listof Texas countywebsites from the Texas Association of Counties, Disciplinary Rules of Professional Conduct, Please take our patron satisfaction survey. Note, though, that the defenses listed here and in the Civil Answer form are not exhaustive. "L: "No oral contract? 0000019847 00000 n Sept. 1, 2001; Acts 2003, 78th Leg., ch. Sept. 1, 1985. 6. Affirmative Defenses. If, however, the defendant does not file a plea of privilege to be sued in the county where the land lies, answer should be filed within the time required by the rules in the county where the suit is brought and the trial should be there proceeded within due course. (2) after having been granted leave to replead, the defendant failed to plead sufficient facts concerning the alleged responsibility of the person to satisfy the pleading requirements of the Texas Rules of Civil Procedure. Some rules of procedure being essential to the operation of the judiciary, the Supreme Court adopted a few before it had any constitutional or statutory authority to do so. Even if the party seeking to introduce the evidence or call the witness fails to carry the burden under paragraph (b), the court may grant a continuance or temporarily postpone the trial to allow a response to be made; amended, or supplemented, and to allow opposing parties to conduct discovery regarding any new information presented by that response. Effective September 1, 1983, the Court promulgated Rules of Civil Evidence, replacing numerous statutory provisions. A party who fails to make, amend, or supplement a discovery response in a timely manner may not introduce in evidence the material or information that was not timely disclosed, or offer the testimony of a witness (other than a named party) who was not timely identified, unless the court finds that: (1) there was good cause for the failure to timely make, amend, or supplement the discovery response; or. Rule 166a of the rules of civil procedure requires that the motion and any supporting affidavits shall be filed and served at least twenty-one days before the time specified for hearing. 3. Acts 1985, 69th Leg., ch. This rule governs the presentation of all privileges including work product. The Supreme Court has held that a plea of privilege under Article 2007, which is substantially the same as Rule 86, is sufficient to cover all cases of personal privilege and all cases of mere venue as provided by the various provisions of Articles 1995 and 2390 relating to venue. 109), Sec. (f) A court shall grant leave to designate the named person as a responsible third party unless another party files an objection to the motion for leave on or before the 15th day after the date the motion is served. 33.017. 204, Sec. 1. These include: Tex. j. Because Rule 93 addresses pleadings it sure sounds like it's a "pleadings rule." Thus, when large numbers of documents are being produced, a party may amend the initial response when documents are found as to which the party claims privilege. 0000000016 00000 n The courts that have considered it made a mockery out of the provision by pretty much all agreeing that, assuming a summary judgment record was built, that summary judgment record could be looked at to determine the "truth" of such matters.There's a couple ways of rationalizing that.1) Summary judgment proceedings are like trials, procedurally speaking. PROPERTY CODE CHAPTER 24. FORCIBLE ENTRY AND DETAINER - Texas Courts should limit discovery under this rule only to prevent unwarranted delay and expense as stated more fully in the rule. Prac. It also briefly surveys the historical origins of the more important sets of Texas procedural rules. A pleading setting up any of the following matters, unless the truth of such matters appear of record, shall be verified by affidavit. That the plaintiff has not legal capacity to sue, or that the defendant has not legal capacity to be sued. The Court of Criminal Appeals has never had constitutional authority to make rules of procedure and did not have statutory authority until 1985, when the Legislature authorized the Court of Criminal Appeals to adopt rules of evidence and of posttrial, appellate, and review procedure in criminal cases. After making some minor modifications, the Court adopted the new Rules of Civil Procedure to be effective September 1, 1941. 0000024684 00000 n Const. That the suit is not commenced in the proper county. Acts 2005, 79th Leg., Ch. That the suit is not commenced in the proper county. Ann. Rule 94. Affirmative Defenses (1941) - South Texas College of Law Houston June 9, 2005. 0000045704 00000 n 204, Sec. Sept. 1, 1997. Right. The court shall grant the motion to strike unless a defendant produces sufficient evidence to raise a genuine issue of fact regarding the designated person's responsibility for the claimant's injury or damage. Amended by Acts 1997, 75th Leg., ch. 204, Sec. Basically, if a defendantpleas that the court deny relief for various reasons, such as that the plaintiff lacks legal capacity to sue the defendant or defendant has legal capacity to be sued (usually because there was no contract between them entitling relief), or denies signing the instrument giving rise to the suit (i.e. The Court of Criminal Appeals must also be consulted on administrative rules affecting criminal cases. Select Accept to consent or Reject to decline non-essential cookies for this use. 1731a, now codified as Tex. (b) If the claimant has settled with one or more persons, the court shall further reduce the amount of damages to be recovered by the claimant with respect to a cause of action by the sum of the dollar amounts of all settlements. Texas Rules of Civil Procedure Texas Rules of Civil Procedure Browse as List Search Within Part I - General Rules ( 1 14c) Part II - Rules of Practice in District and County Courts ( 15 332-351) Part III - Rules of Procedure for the Courts of Appeals ( 352 473) Part IV - Rules of Practice for the Supreme Court ( 474 518) DESIGNATION OF RESPONSIBLE THIRD PARTY. Your favorite hatin' lawyer hatin' on dumb law. ASSUMPTION OF THE RISK AND CERTAIN OTHER AFFIRMATIVE DEFENSES. (c) If for any reason a liable defendant does not pay or contribute the portion of the damages required by his percentage of responsibility, the amount of the damages not paid or contributed by that defendant shall be paid or contributed by the remaining defendants who are jointly and severally liable for those damages. Two State Bar committees -- the Court Rules Committee and the Administration of the Rules of Evidence Committee -- conduct their own studies of the rules. App. "Oh, shoot, you put it in the record, guess I need to allow it now. Any such denial may be made in original or amended pleadings; but if in amended pleadings the same must be filed not less than seven days before the case proceeds to trial. In 1985, concurrent with the adoption of Article V, Section 31 of the Texas Constitution, the Legislature also authorized the Supreme Court to "adopt rules of administration setting policies and guidelines necessary or desirable for the operation and management of the court system and for the efficient administration of justice." 1, eff. 959, Sec. 33.004. Sept. 2, 1987; Acts 1995, 74th Leg., ch. September 1, 2007. (2) any action brought under the Deceptive Trade Practices-Consumer Protection Act (Subchapter E, Chapter 17, Business & Commerce Code) in which a defendant, settling person, or responsible third party is found responsible for a percentage of the harm for which relief is sought. P. 3a; Tex. 204, Sec. Authentication is, of course, but a condition precedent to admissibility and does not establish admissibility. 824, Sec. (c) The legislature may delegate to the Supreme Court or Court of Criminal Appeals the power to promulgate such other rules as may be prescribed by law or this Constitution, subject to such limitations and procedures as may be provided by law. Sept. 1, 1989; Acts 1995, 74th Leg., ch. It dispenses with objections to written discovery requests on the basis that responsive information or materials are protected by a specific privilege from discovery. All rights reserved. Some courts say summary judgment evidence can sub in for the denial. (d) A defendant may not designate a person as a responsible third party with respect to a claimant's cause of action after the applicable limitations period on the cause of action has expired with respect to the responsible third party if the defendant has failed to comply with its obligations, if any, to timely disclose that the person may be designated as a responsible third party under the Texas Rules of Civil Procedure. Pleadings are the basis for a lawsuit. This is especially so if we realize that deemed admissions are competent summary judgment evidence, and often make or break the case. Rev. What do?" 959, Sec. Failing to Timely Respond - Effect on Trial (1999). 0000002512 00000 n The 1876 Constitution authorized the Court to "make rules and regulations for the government of said court, and the other courts of the State, to regulate proceedings and expedite the dispatch of business therein." An example would be material or information described by Rule 503(d)( 1) of the Rules of Evidence. P. 1.2. 136, Sec. This rule imposes a duty upon parties to make a complete response to written discovery based upon all information reasonably available, subject to objections and privileges. In 1997, the Supreme Court promulgated an entirely new set of Rules of Appellate Procedure. 2.09, eff. Texas's Rule of Civil Procedure 202 grants broad power to investigate potential claims, unlike many other states or the federal rules. Sec. Sept. 1, 1995. Sec. Q16(0o[RdC*jtPQN~=jin-hN.6C K3:pLUvBZ)KM# H\iZj G=!G0V'x aN!|NW@-$,'ug 1vMdMmUhv;IFVX;g '\@@]QHQZ h((KI>jN"/PW`k}aSn 2~2-~9Bt\,LtiXE: _>yF?tQRak%s?5~\dxnjjkmG"1mGnFKnYn,7ql4Pe_Oskl/Tg&vJ>z0XHyO(X?dIk]i6_r6n/ZOS%jG_#C] )MQMS\|-h)uh[c=HNrWdg#\OraKVp\QzgR>Y*(H>dIS+GXM1`Vh:obRM=OXaj'`It'rqO'\Aq+ qa*=CW_u|uIm@Brt5x]5OO9]KJqq$X\S,vO%+Y-KV:::6 l6Mq3^knqHbJH1vSPb1{a"14L:c7faH;=)f)4Gmw8%hV R. Civ. 0000003342 00000 n 0000001156 00000 n The committee completed its task and reported to the Court in September 1940. See Haase v. GimRes, Inc., No. To avoid complications at trial, a party may identify prior to trial the documents intended to be offered, thereby triggering the obligation to assert any overlooked privilege under this rule. 511 and overturns Granada Corp. v.First Court of Appeals, 844 S.W.2d 223 (Tex. 0000001576 00000 n 491, 62 S.W.2d 113 (1933); South Texas Dev. 203, Sec. (c) The trier of fact shall determine as a separate issue or finding of fact the percentage of responsibility with respect to each contribution defendant and these findings shall be solely for purposes of this section and Section 33.015 and not as a part of the percentages of responsibility determined under Section 33.003. If you have any trouble with our navigation menu, we recommend you use our site map for navigation. 2.07, eff. Sec. CONTRIBUTION. Are these cases to be read as modifying or limitingcourts' discretion in admitting or denying summary judgment evidence when the evidence is deemed conclusive? However, see below. App.--Eastland Feb. 24, 2011) (mem. Sec. How the hell would that work in the discovery context with deemed admissions? The Court welcomes all input but refers it to the SCAC for initial consideration. 1, eff. Smith v. Home Indem. 5.02, eff. Texas Rule of Civil Procedure 91a Prevalence and Practicality Two Years Later April 30, 2015 For many years, a motion to dismiss pursuant to Federal Rule of Civil Procedure 12 (b) (6) has provided an effective tool for dismissing baseless claims early in the litigation process. Rules & Standards Statewide Rules The rules listed below are the most current version approved by the Supreme Court of Texas. Includes checklists along with tables of rules, statutes, and cases. In case of such denial the things so denied shall not be presumed to be true, and if essential to the case of the party alleging them, must be proved. Sept. 2, 1987; Acts 1995, 74th Leg., ch. But, as hereinabove stated, an alternative form is authorized under the decisions, and the plea can omit allegations as to the defendant's residence and embody in lieu thereof the allegations as to the location of the land and the nature of the suit as above set out. 93.001. Federal Rules of Civil Procedure | United States Courts 1, eff. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 0000021449 00000 n 25, 1939 Tex. . PDF Defendant's Answer [Civil Case, not Family] - Texas Law Help DRY FIRE HYDRANTS: AFFIRMATIVE DEFENSE. V, 25 (repealed 1985) (emphasis added). September 1, 2021. Source: Arts. It has previously been held, in Dallas no less, that failure to file a verified denial allowed the trial court to disregardsummary judgment evidence about forgery. No change of meaning has been intended insofar as the combinations, as such, are concerned.