Rule 118.Amendment

Last verified June 28, 2026

In one sentenceRule 118 lets a court, on just terms, allow process or proof of service to be amended unless doing so would clearly cause material prejudice to the party served.

Full Text of Rule 118

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At any time in its discretion and upon such notice and on such terms as it deems just, the court may allow any process or proof of service thereof to be amended, unless it clearly appears that material prejudice would result to the substantial rights of the party against whom the process issued.

End

Plain-English Summary

Rule 118 gives courts room to fix defective service papers. At any time, on whatever notice and terms it deems just, the court may allow any process — or the proof of its service — to be amended. The one limit: it may not do so if amendment would clearly cause material prejudice to the substantial rights of the party against whom the process issued.

Frequently Asked Questions

Can a defective citation be amended in Texas?

Yes. Under Rule 118, the court may allow process or proof of service to be amended on just terms, unless doing so would clearly cause material prejudice to the served party.

Is there a deadline for amending process or its proof of service under Rule 118?

No. Rule 118 lets the court allow the amendment at any time, on whatever notice and terms it considers just.

What stops a court from allowing an amendment under Rule 118?

Only a clear showing that the amendment would cause material prejudice to the substantial rights of the party the process was issued against.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 118), 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: amendment of processamend citationamend return of serviceTRCP 118