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Rule 70. Pleading: Surprise: Cost


When either a, supplemental or amended pleading is of such character and is presented at such time as to take the opposite party by surprise (to be judged by the court) it shall be cause for imposing the cost of the term upon, and charging the continuance of the cause (both or either) to the party causing the surprise, if the other party demand it, and shall make a satisfactory showing, or if it otherwise be apparent, that he is not ready for trial on account of said supplemental or amended pleading being allowed to be filed by the court.

Source: Texas Rule 16 (for District and County Courts), with minor textual change.

Oct. 29, 1940, eff. Sept. 1, 1941.


June 10, 1980, eff. Jan. 1, 1981