Houston, TX asked in Contracts, Real Estate Law and Civil Litigation for Texas

Q: In Texas, what can I use to amend a complaint to add an additional plaintiff to the lawsuit? And do I add evidence?

Its a trial de neuvo and I want to add a plaintiff to join me not sure if I must write an introduction or state other facts. Or must it be a motion?

1 Lawyer Answer

A: TX rule of Civil Procedure 502.7 is the rule to follow to amend your petition. A portion of that Rule is as follows:

a)Amending Pleadings. A party may withdraw something from or add something to a pleading, as long as the amended pleading is filed and served as provided by Rule 501.4 not less than 7 days before trial. The court may allow a pleading to be amended less than 7 days before trial if the amendment will not operate as a surprise to the opposing party.

It also sounds like you want to add a plaintiff to the case. That person or entity and/or you can make a motion to do so. All motions must be in writing and well-pled. Your best bet is to hire a lawyer. If you will not do that then pick up a copy of the TX rules of civil procedure on Amazon. It will help you a lot.

If you are looking for a trial DE Novo, then you probably lost your case already in court or in an arbitration in small claims. Again it can only be done by written motion.

Good Luck!

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