Rule 71.Misnomer of Pleading
Last amended January 1, 1988 · Last verified June 28, 2026
Full Text of Rule 71
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.