An original pleading which sets forth a claim for relief, whether an original petition, counterclaim, cross-claim, or third party claim, shall contain
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(a) a short statement of the cause of action sufficient to give fair notice of the claim involved;
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(b) a statement that the damages sought are within the jurisdictional limits of the court;
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(c) except in suits governed by the Family Code, a statement that the party seeks:
- (1) only monetary relief of $250,000 or less, excluding interest, statutory or punitive damages and penalties, and attorney fees and costs;
- (2) monetary relief of $250,000 or less and non-monetary relief;
- (3) monetary relief over $250,000 but not more than $1,000,000;
- (4) monetary relief over $1,000,000; or
- (5) only non-monetary relief; and
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(d) a demand for judgment for all the other relief to which the party deems himself entitled.
Relief in the alternative or of several different types may be demanded; provided, further, that upon special exception the court shall require the pleader to amend so as to specify the maximum amount claimed. A party that fails to comply with (c) may not conduct discovery until the party’s pleading is amended to comply.
Official Notes and Commentary
Comment to 2013 change: Rule 47 is amended to require a more specific statement of the relief sought by a party. The amendment requires parties to plead into or out of the expedited actions process governed by Rule 169, added to implement section 22.004(h) of the Texas Government Code. Except in a suit governed by the Family Code, the Property Code, the Tax Code, or Chapter 74 of the Civil Practice & Remedies Code, a suit in which the original petition contains the statement in paragraph (c)(1) is governed by the expedited actions process. The further specificity in paragraphs (c)(2)-(5) is to provide information regarding the nature of cases filed and does not affect a party’s substantive rights.
Comment to 2021 change: Rule 47 is amended to implement section 22.004(h-1) of the Texas Government Code. A suit in which the original petition contains the statement in paragraph (c)(1) is governed by the expedited actions process in Rule 169.