Rule 48.Alternative Claims for Relief
Last verified June 28, 2026
Full Text of Rule 48
Plain-English Summary
Rule 48 gives pleaders room to hedge. A party may state two or more versions of a claim or defense in the alternative or hypothetically, in one count or in separate ones. If one alternative would be sufficient on its own, the pleading is not defective just because another alternative is not.
A party may also plead as many separate claims or defenses as it has, even if they are inconsistent, and whether they rest on legal or equitable grounds.
Frequently Asked Questions
Can you plead inconsistent claims in Texas?
Yes. Rule 48 lets a party assert as many separate claims or defenses as it has, regardless of consistency and whether based on legal or equitable grounds.
Can you plead a claim two different ways in the same petition?
Yes. Rule 48 lets a party state two or more versions of a claim or defense alternatively or hypothetically, either in one count or in separate counts.
Does a weak alternative theory sink a petition's stronger one?
No. Under Rule 48, when one alternative statement would be sufficient standing alone, the pleading is not made insufficient merely because another alternative statement is not.