Rule 64.Amended Instrument

Last verified June 28, 2026

In one sentenceRule 64 requires the amending party to identify the instrument being amended and file a complete substitute, endorsed as the amended version.

Full Text of Rule 64

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The party amending shall point out the instrument amended, as "original petition," or "plaintiff's first supplemental petition," or as "original answer," or "defendant's first supplemental answer" or other instrument file by the party and shall amend by filing a substitute therefor, entire and complete in itself, indorsed "amended original petition," or "amended first supplemental petition," or "amended original answer," or "amended first supplemental answer," accordingly as said instruments of pleading are designated.

End

Plain-English Summary

Rule 64 sets the mechanics of amending. The party must point out which instrument it is amending — the “original petition,” a “first supplemental answer,” and so on — and then file a substitute that is entire and complete in itself. The substitute is endorsed to show it is the “amended” version of that instrument.

Frequently Asked Questions

How do you file an amended pleading in Texas?

Under Rule 64, identify the instrument being amended and file a complete substitute for it, endorsed as the “amended” version — for example, “amended original petition.”

Do you have to identify which pleading you are amending?

Yes. Rule 64 requires the amending party to point out the instrument being amended — for example, the “original petition” or “defendant's first supplemental answer” — before filing the substitute.

Can an amended pleading incorporate the old one by reference instead of restating it?

No. Rule 64 requires the substitute to be entire and complete in itself, not a reference back to the instrument it replaces.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 64), 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: amended instrumentfiling an amendmentamended original petitionTRCP 64