Rule 66.Trial Amendment

Last verified June 28, 2026

In one sentenceRule 66 lets a court allow a pleading amendment during trial — and directs it to do so freely — when evidence is challenged as outside the pleadings or a pleading defect surfaces, unless the objecting party shows real prejudice.

Full Text of Rule 66

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If evidence is objected to at the trial on the ground that it is not within the issues made by the pleading, or if during the trial any defect, fault or omission in a pleading, either of form or substance, is called to the attention of the court, the court may allow the pleadings to be amended and shall do so freely when the presentation of the merits of the action will be subserved thereby and the objecting party fails to satisfy the court that the allowance of such amendment would prejudice him in maintaining his action or defense upon the merits. The court may grant a postponement to enable the objecting party to meet such evidence.

End

Plain-English Summary

Rule 66 keeps a trial from turning on a pleading slip. If evidence is objected to as outside the issues raised by the pleadings, or any defect in a pleading comes to light during trial, the court may let the pleading be amended. It must do so freely when that serves the merits, unless the objecting party convinces the court the amendment would prejudice its case.

To soften any surprise, the court may grant a postponement so the objecting party can meet the new evidence.

Frequently Asked Questions

Can you amend a pleading during trial in Texas?

Yes. Rule 66 lets the court allow a trial amendment, and directs it to do so freely unless the objecting party shows the amendment would prejudice its case on the merits.

Does a Texas court have to grant a trial amendment?

Not automatically. Rule 66 directs the court to allow the amendment freely when it would serve the merits, but the objecting party can defeat it by satisfying the court that the amendment would cause prejudice.

Can a Texas trial be postponed after a pleading is amended mid-trial?

Yes. Rule 66 lets the court grant a postponement once it allows a trial amendment, giving the objecting party time to meet the new evidence.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 66), 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: trial amendmentamend during trialdefect in pleadingTRCP 66