Rule 45.Definition and System

Last amended January 1, 2014 · Last verified June 28, 2026

In one sentenceRule 45 defines Texas pleadings: they are by petition and answer, must state the claim or defense in plain, concise language that gives fair notice, and are construed to do substantial justice.

Full Text of Rule 45

Text sizeJump to: (a) (b) (c)

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 plaintiff's 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; and

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

Pleadings that are not filed electronically must be in writing, on paper measuring approximately 8 inches by 11 inches, and signed by the party or his attorney. The use of recycled paper is strongly encouraged.

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

End

Notes and Comments

Comment to 1990 change: To provide for filing of pleadings having either original or copies of signatures and verifications including documents telephonically transferred.

Plain-English Summary

Rule 45 lays out what a pleading is and how it should read. Pleadings come in two forms — the petition and the answer. Each must state, in plain and concise language, the plaintiff's cause of action or the defendant's grounds of defense, and may include anything else a law or rule requires for a particular kind of case.

Texas follows a fair-notice standard. An allegation is not objectionable just for being evidentiary or a legal conclusion, so long as the pleading as a whole gives the opponent fair notice. Pleadings not filed electronically must be in writing, on paper measuring about 8 by 11 inches, and signed. Above all, the rule says, pleadings are construed so as to do substantial justice.

Frequently Asked Questions

What is the fair-notice standard for Texas pleadings?

Under Rule 45, a pleading must give the opponent fair notice of the claim or defense. An allegation is not objectionable merely for being evidentiary or a legal conclusion if the pleading as a whole provides fair notice.

What are the two kinds of pleadings in Texas?

The petition and the answer, under Rule 45.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 45), published by the Texas Judicial Branch (txcourts.gov). Promulgated by the Supreme Court of Texas. The plain-English summary is original and draws on official sources. Last verified June 28, 2026. · Official source

Also known as: definition and systempleadingspetition and answerfair noticeTRCP 45