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Rule 48.Alternative Claims for Relief

Last verified June 28, 2026

In one sentenceRule 48 lets a party plead claims or defenses alternatively or hypothetically, and assert as many separate claims or defenses as it has, regardless of consistency and whether legal or equitable.

Full Text of Rule 48

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A party may set forth two or more statements of a claim or defense alternatively or hypothetically, either in one count or defense or in separate counts or defenses. When two or more statements are made in the alternative and one of them if made independently would be sufficient, the pleading is not made insufficient by the insufficiency of one or more of the alternative statements. A party may also state as many separate claims or defenses as he has regardless of consistency and whether based upon legal or equitable grounds or both.
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Plain-English Summary

Rule 48 gives pleaders room to hedge. A party may state two or more versions of a claim or defense in the alternative or hypothetically, in one count or in separate ones. If one alternative would be sufficient on its own, the pleading is not defective just because another alternative is not.

A party may also plead as many separate claims or defenses as it has, even if they are inconsistent, and whether they rest on legal or equitable grounds.

Frequently Asked Questions

Can you plead inconsistent claims in Texas?

Yes. Rule 48 lets a party assert as many separate claims or defenses as it has, regardless of consistency and whether based on legal or equitable grounds.

Can you plead a claim two different ways in the same petition?

Yes. Rule 48 lets a party state two or more versions of a claim or defense alternatively or hypothetically, either in one count or in separate counts.

Does a weak alternative theory sink a petition's stronger one?

No. Under Rule 48, when one alternative statement would be sufficient standing alone, the pleading is not made insufficient merely because another alternative statement is not.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 48), 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: alternative claims for reliefpleading in the alternativeinconsistent claimshypothetical pleadingTRCP 48