Original Petition in Texas

What Is an Original Petition?

Background

“[W]hile parties in federal courts file ‘complaints,’ see, e.g., Fed.R.Civ.P. 3 (‘A civil action is commenced by filing a complaint with the court.’), parties in Texas courts file ‘petitions,’ see, e.g., Tex.R. Civ. P. 22 (‘A civil suit in the district or county court shall be commenced by a petition filed in the office of the clerk.’), so a ‘complaint’ ... is not part of Texas civil procedure.” (Jaster v. Comet II Construction, Inc. (2014) 438 S.W.3d 556, 569 n.17.)

How to Structure the Petition

An original pleading which sets forth a claim for relief, whether an original petition, counterclaim, cross-claim, or third party claim, shall contain:

a short statement of the cause of action sufficient to give fair notice of the claim involved;
a statement that the damages sought are within the jurisdictional limits of the court;
except in suits governed by the Family Code, a statement that the party seeks:

only monetary relief of $100,000 or less, including damages of any kind, penalties, costs, expenses, pre-judgment interest, and attorney fees; or
monetary relief of $100,000 or less and non-monetary relief; or
monetary relief over $100,000 but not more than $200,000; or
monetary relief over $200,000 but not more than $1,000,000; or
monetary relief over $1,000,000; and

a demand for judgment for all the other relief to which the party deems himself entitled.

Relief in the alternative or of several different types may be demanded; provided, further, that upon special exception the court shall require the pleader to amend so as to specify the maximum amount claimed. A party that fails to comply with (c) may not conduct discovery until the party's pleading is amended to comply.

(Tex. R. Civ. P. 47.)

Short Statement and Sufficient Notice

Rule 47 requires that an original pleading include "a short statement of the cause of action sufficient to give fair notice of the claim involved." The purpose of the fair notice requirement is to provide the opposing party with sufficient information to enable him to prepare a defense. (Paramount Pipe & Supply Co. v. Muhr (1988) 749 S.W.2d 491, 494 citing Roark v. Allen (1982) 633 S.W.2d 804, 810.)

“Rule 45 [however] mandates plain and concise language and provides that the fact "[t]hat 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.” (Id.)

Certificate of Merit Requirement

Section 150.002 of the Civil Practice and Remedies Code is entitled “Certificate of Merit.” It requires a plaintiff to file an expert affidavit in a lawsuit or arbitration for damages arising out of the provision of professional services by licensed or registered professionals. Section 150.002(e) provides that if an affidavit is not filed in accordance with the statute, the trial court shall dismiss the claim and the dismissal may be with prejudice. (Pedernal Energy, LLC v. Bruington Eng'g, Ltd. (2017) 536 S.W.3d 487' see also Jaster v. Comet II Construction, Inc. (2014) 438 S.W.3d 556, 565.)

Rule 21a Not Applicable

“Rule 21a applies to all pleadings required to be served under Rule 21 other than the original petition and except as provided in the rules.” (In re E.A. D.A (2009) 287 S.W.3d 1, 4.)

The Court’s Decision

“The court of appeals erred in requiring a higher standard where it held that a cause of action for acknowledgment of a debt must be ‘specifically and clearly’ pleaded ‘in plain and emphatic terms,’ [b]ecause this holding conflicts with Rule 47(a) of the Texas Rules of Civil Procedure, which provides that a pleading is ‘sufficient’ if it ‘give[s] fair notice of the claim involved.’” (Deroeck v. DHM Ventures, LLC (2018) 556 S.W.3d 831, 836.)

“Pleadings must give fair notice of the nature and basic issues so the opposing party can prepare a defense. When, [] no special exception is made, [the courts] liberally construe the pleadings in the pleader's favor. Even so, a liberal construction ‘does not require a court to read into a petition what is plainly not there.’” (Bos v. Smith (2018) 556 S.W.3d 293, 305-06.)

Documents for Original Petition in Texas

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ICON IPC TX PROPERTY V. TRAVIS TAX APPRAISAL/APPRAISAL REVIEW (GEN LIT ) document preview

ORIGINAL PETITION/APPLICATION

7 pages

ICON IPC TX PROPERTY OWNER POOL 6 IN THE DISTRICT COURT OF AUSTIN, LLC AND ICON 9200 NEILS THOMPSON LLC, TRAVIS COUNTY, TEXAS TRAVIS CENTRAL APPRAISAL DISTRICT, __________JUDICI…