Rule 609.Amendment

Last amended January 1, 1978 · Last verified June 28, 2026

In one sentenceRule 609 lets the court correct clerical errors in the affidavit, bond, or writ of attachment, or the officer's return, on written application to the court and after notice to the opponent.

Full Text of Rule 609

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Clerical errors in the affidavit, bond, or writ of attachment, or the officer's return thereof, may upon application in writing to the judge or justice of the court in which the suit is filed, and after notice to the opponent, be amended in such manner and on such terms as the judge or justice shall authorize by an order entered in the minutes of the court or noted on the docket of the justice of the peace, provided the amendment does not change or add to the grounds of such attachment as stated in the affidavit, and provided such amendment appears to the judge or justice to be in furtherance of justice.

End

Plain-English Summary

Rule 609 allows fixing slips. Clerical errors in the affidavit, bond, or writ of attachment, or in the officer's return, may be amended on written application to the judge or justice of the court where the suit is filed, after notice to the opponent and in the court's discretion — so a minor defect does not defeat the attachment.

Frequently Asked Questions

Can a defect in an attachment affidavit be fixed in Texas?

A clerical error may be amended under Rule 609, on written application and after notice to the opponent.

Can an amendment change the grounds for the attachment?

No. Rule 609 reaches only clerical errors — mistakes in wording or form — and bars using an amendment to change or add to the grounds for attachment stated in the affidavit.

Who decides whether a clerical error can be fixed?

The judge or justice of the peace in the court where the suit is filed, after the opponent gets notice, and only if the fix appears to further justice.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 609), 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: amendment attachmentclerical error attachmentcorrecting a clerical error attachmentamending attachment affidavitTRCP 609