Independent Texas legal educationRead the rules. Understand the reasoning.
OurSCOTX
← More Rules

TEXAS RULES OF CIVIL PROCEDURE / RULE 71

TRCP 71: Misnomer of pleading

Treatment of a misnamed pleading and court-ordered changes to clerk records.

Explore the illustration ↓Read the official rule ↗

Rule 71, illustrated

Texas Rule 71: Misnomer of pleading. Poster 1 of 1.
Rule 71 — poster 1 of 1Rule 71 — complete assigned text, poster 1 of 1.Open illustrated reader →
Read the assigned text for poster 1

When a party has mistakenly designated any plea or pleading, the court, if justice so requires, shall treat the plea or pleading as if it had been properly designated. Pleadings shall be docketed as originally designated and shall remain identified as designated, unless the court orders redesignation. Upon court order filed with the clerk, the clerk shall modify the docket and all other clerk records to reflect redesignation.