What are the rules for amending pleadings?
In Texas, amending pleadings is governed by the Texas Rules of Civil Procedure. Generally, parties may amend their pleadings—such as complaints, answers, and responses—without leave of court. An amendment is a change or addition to the claims and defenses described in the pleadings. Parties may amend their pleadings as a matter of course before a responsive pleading is served, within 21 days after service of a responsive pleading, or with leave of court. A party must specify the reasons for amending their pleadings in the new document. This is known as a “certificate of conference”. This certificate must include the date of an informal meeting during which the parties discussed the amendment and discussed any changes they are making to the allegation or defense. Additionally, if the amendment arises out of a discovery request, the party must also submit a certificate of discovery stating that they obtained the information in the amendment through discovery. In the event that a party wishes to amend their pleadings after the 21-day period, they must file a motion asking the court for permission to do so. When a party moves to amend their pleadings, the court must consider the interests of the party making the motion, the opposing party, and the judicial system. The court must also consider factors like whether the amendment is timely, whether the amendment is necessary to prevent injustice, and whether the amendment has been unduly delayed.
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