Rule 70.Pleading: Surprise: Cost

Last amended January 1, 1981 · Last verified June 28, 2026

In one sentenceRule 70 lets a court shift the cost of a continuance — including attorney fees — to a party whose late supplemental or amended pleading surprises the other side and leaves it unready for trial.

Full Text of Rule 70

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When either a supplemental or amended pleading is of such character and is presented at such time as to take the opposite party by surprise, the court may charge the continuance of the cause, if granted, to the party causing the surprise if the other party satisfactorily shows that he is not ready for trial because of the allowance of the filing of such supplemental or amended pleading, and the court may, in such event, in its discretion require the party filing such pleading to pay to the surprised party the amount of reasonable costs and expenses incurred by the other party as a result of the continuance, including attorney fees, or make such other order with respect thereto as may be just.

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Plain-English Summary

Rule 70 puts a price on a surprise pleading. When a supplemental or amended pleading is filed at such a time, and is of such a character, that it takes the opposing party by surprise, and that party shows it is not ready for trial as a result, the court may charge a resulting continuance to the party that caused the surprise.

The court may also require that party to pay the surprised side's reasonable costs and expenses from the continuance, including attorney fees, or make another order that is just.

Frequently Asked Questions

What happens if a late pleading surprises the other side in Texas?

Under Rule 70, the court may charge the continuance to the party causing the surprise and order it to pay the other side's reasonable costs and expenses, including attorney fees.

Who has to prove surprise under Rule 70?

The party opposing the late pleading. Rule 70 requires that party to show it is not ready for trial because of the supplemental or amended pleading before the court will shift the continuance to the other side.

Can a Texas court do more than shift costs under Rule 70?

Yes. Beyond charging the continuance and the surprised party's reasonable costs and expenses, including attorney fees, Rule 70 lets the court make any other order that is just.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 70), 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: pleading surprise costsurprise pleadingcontinuance costsTRCP 70