Rule 49.Where Several Counts
Last verified June 28, 2026
In one sentenceRule 49 saves a verdict or judgment that awards entire damages on a multi-count petition even if one or more of the counts is defective.
Full Text of Rule 49
Where there are several counts in the petition, and entire damages are given, the verdict or judgment, as the case may be, shall be good, notwithstanding one or more of such counts may be defective.
End
Plain-English Summary
Rule 49 protects a general award. When a petition has several counts and the verdict or judgment gives entire, undivided damages, the result stands even if one or more of those counts turns out to be defective. The sound counts carry the award.
Frequently Asked Questions
Does one bad count sink a Texas judgment?
No. Under Rule 49, if entire damages are awarded on several counts, the verdict or judgment is good even though one or more counts is defective.
What kind of damages award does Rule 49 protect?
An entire, undivided damages award on a petition with several counts — not one broken down count by count.
Does Rule 49 excuse a party from pleading counts correctly?
No. Rule 49 only saves the verdict or judgment after the fact. It does not shield a defective count from challenge before trial through exceptions or other pretrial practice.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 49), 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: where several countsseveral countsentire damagesdefective countTRCP 49