Rule 90.Waiver of Defects in Pleading
Last amended January 1, 1981 · Last verified June 28, 2026
Full Text of Rule 90
Plain-English Summary
Rule 90 forces pleading complaints to be made on time. General demurrers — broad attacks that a pleading states no claim — are not allowed. Any defect, omission, or fault in a pleading, of form or substance, is waived unless a party points it out by written exception and brings it to the judge's attention before the charge goes to the jury, or, in a non-jury case, before the judgment is signed.
One party is spared this waiver: it does not run against a party who suffers a default judgment.
Frequently Asked Questions
Are general demurrers allowed in Texas?
No. Rule 90 abolishes the general demurrer. A pleading defect is waived unless raised by written special exception before the jury charge or, in a bench trial, before judgment is signed — except against a defaulting party.
By when must a party point out a pleading defect in Texas?
Under Rule 90, before the charge is read to the jury or, in a case tried to the court, before the judgment is signed. A defect not raised by then is waived.
Does Rule 90's waiver rule protect a defaulting defendant in Texas?
No. Rule 90 states the waiver does not apply against a party against whom a default judgment is rendered.