Last amended September 1, 1990 · Last verified June 28, 2026
In one sentenceRule 63 lets parties amend and respond by filing with the clerk at a time that won't surprise the other side, but a pleading offered within seven days of trial needs the court's leave, which is granted unless it would cause surprise.
Full Text of Rule 63
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Parties may amend their pleadings, respond to pleadings on file of other parties, file suggestions of death and make representative parties, and file such other pleas as they may desire by filing such pleas with the clerk at such time as not to operate as a surprise to the opposite party; provided, that any pleadings, responses or pleas offered for filing within seven days of the date of trial or thereafter, or after such time as may be ordered by the judge under Rule 166, shall be filed only after leave of the judge is obtained, which leave shall be granted by the judge unless there is a showing that such filing will operate as a surprise to the opposite party.
End
Notes and Comments
Comment to 1990 change: To require that all trial pleadings of all parties, except those permitted by Rule 66, be on file at least seven days before trial unless leave of court permits later filing.
Plain-English Summary
Rule 63 sets the timing for amending and responding to pleadings. Parties may amend, respond to others' pleadings, suggest a party's death, substitute representative parties, and file other pleas by filing with the clerk — as long as it does not surprise the opposing party.
A deadline gives the rule teeth. Any pleading, response, or plea offered within seven days of trial, or after a deadline the judge has set under Rule 166, may be filed only with leave of court. The judge must grant leave unless the opposing party shows that the late filing would operate as a surprise.
Frequently Asked Questions
When can you amend a pleading in Texas?
Any time it will not surprise the opposing party, by filing with the clerk. But within seven days of trial — or after a Rule 166 deadline — you need leave of court, which is granted unless the filing would cause surprise.
Will a court allow a late amendment?
Under Rule 63, the court must grant leave to file within seven days of trial unless the opposing party shows the amendment would operate as a surprise.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 63), 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:amendments and responsive pleadingsamend pleadingsseven days before trialleave to amendtrial amendmentTRCP 63