Rule 67.Amendments to Conform to Issues Tried Without Objection
Last amended September 1, 1990 · Last verified June 28, 2026
In one sentenceRule 67 treats an issue tried by the parties' express or implied consent as if it had been pleaded, though written pleadings are still required to submit jury questions under Rules 277 and 279.
Full Text of Rule 67
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When issues not raised by the pleadings are tried by express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings. In such case such amendment of the pleadings as may be necessary to cause them to conform to the evidence and to raise these issues may be made by leave of court upon motion of any party at any time up to the submission of the case to the Court or jury, but failure so to amend shall not affect the result of the trial of these issues; provided that written pleadings, before the time of submission, shall be necessary to the submission of questions, as is provided in Rules 277 and 279.
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Plain-English Summary
Rule 67 handles issues that get tried even though no one pleaded them. When the parties try an issue by express or implied consent, it is treated in all respects as if it had been raised in the pleadings. A party can move to amend the pleadings to match the evidence at any time up to submission, but a failure to amend does not change the outcome on those issues.
One limit holds: to submit a jury question on an issue, a written pleading is still required, as Rules 277 and 279 provide.
Frequently Asked Questions
What does “tried by consent” mean in Texas?
Under Rule 67, when the parties try an unpleaded issue by express or implied consent, it is treated as if it had been pleaded. But submitting a jury question on it still requires a written pleading.
Do you have to amend the pleadings after trying an issue by consent in Texas?
No. Rule 67 lets a party move to amend the pleadings to match the evidence any time before submission, but failing to amend does not change the result on issues already tried by consent.
Can a Texas jury decide an issue that was never pleaded?
Only if a written pleading raises it before submission. Rule 67 treats an issue tried by consent as if pleaded for most purposes, but Rules 277 and 279 still require a written pleading to submit a jury question on it.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 67), 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:amendments to conform to issues triedtried by consentimplied consentTRCP 67