Rule 58.Adoption by Reference
Last verified June 28, 2026
In one sentenceRule 58 lets statements in one pleading be adopted by reference elsewhere — in the same pleading, another pleading, or a motion — unless an amendment has superseded them.
Full Text of Rule 58
Statements in a pleading may be adopted by reference in a different part of the same pleading or in another pleading or in any motion, so long as the pleading containing such statements has not been superseded by an amendment as provided by Rule 65.
End
Plain-English Summary
Rule 58 saves repetition. A statement made in a pleading can be adopted by reference in a different part of that pleading, in another pleading, or in any motion. The one limit: the pleading holding the original statement must not have been superseded by an amendment under Rule 65.
Frequently Asked Questions
Can you incorporate one pleading's allegations into another in Texas?
Yes. Rule 58 allows adoption by reference, unless the source pleading has been superseded by amendment under Rule 65.
Can you adopt a statement from your own petition into a later motion?
Yes. Rule 58 allows a statement in a pleading to be adopted by reference in any motion, not just in another pleading.
What breaks the ability to adopt a statement by reference under Rule 58?
An amendment. Once the pleading holding the original statement has been superseded by an amendment under Rule 65, that statement is no longer available to adopt by reference.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 58), 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: adoption by referenceincorporation by referenceincorporating allegations by referencereferencing prior pleadingsTRCP 58