RulesofCivilProcedure.com Civil Procedure · Every State

Rule 71.Misnomer of Pleading

Last amended January 1, 1988 · Last verified June 28, 2026

In one sentenceRule 71 tells a court to treat a mistakenly labeled plea or pleading as if it were properly designated when justice requires, with redesignation handled by court order and the clerk's docket.

Full Text of Rule 71

Text size

When a party has mistakenly designated any plea or pleading, the court, if justice so requires, shall treat the plea or pleading as if it had been properly designated. Pleadings shall be docketed as originally designated and shall remain identified as designated, unless the court orders redesignation. Upon court order filed with the clerk, the clerk shall modify the docket and all other clerk records to reflect redesignation.
End

Plain-English Summary

Rule 71 keeps a mislabeled filing from defeating its substance. When a party has mistakenly designated a plea or pleading, the court — if justice requires — treats it as if it had been properly designated. Substance controls over the label.

For the record, pleadings stay docketed and identified as originally designated unless the court orders a redesignation. On a court order filed with the clerk, the clerk updates the docket and other records to reflect the new designation.

Frequently Asked Questions

What if a pleading is mislabeled in Texas?

Under Rule 71, the court treats a mistakenly designated plea or pleading as if it were properly designated when justice requires. The clerk updates the docket only on a court order for redesignation.

Does mislabeling a pleading change its place on a Texas docket?

No. Rule 71 keeps pleadings docketed and identified as originally designated unless the court orders a redesignation.

Who updates the record after a Texas court orders redesignation?

The clerk. Rule 71 has the clerk modify the docket and other records to reflect the redesignation once the court's order is filed with the clerk.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 71), 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: misnomer of pleadingmislabeled pleadingredesignationTRCP 71