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Rule 45. Definition and System (1990)

TEXT

Pleadings in the district and county courts shall

(a) be by petition and answer;

(b) consist of a statement in plain and concise language of the plaintiffs cause of action or the defendant's grounds of defense. That an allegation be evidentiary or be of legal conclusion shall not be grounds for objection when fair notice to the opponent is given by the allegations as a whole;

(c) contain any other matter which may be required by any law or rule authorizing or regulating any particular action or defense;

(d) be in writing, on paper measuring approximately 81/2 inches by 11 inches, and signed by the party or his attorney, and either the signed original together with any verification or a copy of said original and copy of any such verification shall be filed with the court. The use of recycled paper is strongly encouraged.

When a copy of the signed original is tendered for filing, the party or his attorney filing such copy is required to maintain the signed original for inspection by the court or any party incident to the suit, should a question be raised as to its authenticity.

All pleadings shall be construed so as to do substantial justice.

Amended by order of April 24, 1990, eff. Sept. 1, 1990: To provide for filing of pleadings having either original or copies of signatures and verification including documents telephonically transferred.

Amended order of September 4, 1990, retroactively eff. Sept. 1, 1990: The sentence “The use of recycled paper is strongly encouraged” was added.

Prior Amendments Future Amendments
Oct. 29, 1940, eff. Sept. 1, 1941  
July 15, 1987, eff. Jan. 1, 1988  

ADVISORY OPINIONS

(No. 89) Question: Where legal conclusions are used in a pleading, what do the rules contemplate as the proper treatment of them?

Answer: By Rules 45 and 69 the court omits, the requirement that allegations be of "facts" that had been contained in the parent statutes. In the first of these rules the court adds "that an allegation be … of legal conclusion shall not be ground for objection when fair notice to the opponent is given by the allegations as a whole."

In our opinion, therefore, allegations of conclusions of law should be treated as good pleading unless fair notice is not given by them and should even then be considered as sufficient unless objection on that ground is made to them. See Rules 67, 90 and 274.

6 Tex. B.J. 77 (1943) reprinted in 8 Tex. B.J. 33 (1945).