Boerne, TX asked in Family Law and Civil Litigation for Texas

Q: What is an “amended pleading”? When can it be filed?

7 months after the final decree was signed the defendant has now filed a new petition using the old cause number: Defendant's Petition for Judgment Nunc Pro Tunc. Of course, they are claiming a "clerical error" but asking the Court to modify the 7 month old final order. In the efile email, it's called an "amended pleading". Why they are suing me instead of filing a Motion for Judgment NPT is confusing, but they did.

Related Topics:
3 Lawyer Answers
Rafee'a S. Majeed
Rafee'a S. Majeed
  • Dallas, TX
  • Licensed in Texas

A: A Petition for a Judgment Nunc Pro Tunc is a court document that is filed when a party notices that there was a clerical error in the order that was signed. The party wants to get an order signed that corrects the clerical error. This filing cannot go back and change (or modify) a material issue in the final order. A different petition would have to be filed to modify the final order.

When you e-file a document, the party uses an e-file code that is closest to the action the party is trying to take. The e-file system doesn't have a code for each and every petition that can be filed. Sometimes, you can use a code that has the same filing fee as the document you are filing.

Therefore, in your case, it doesn't sound like your ex is trying to go back and modify the final decree, but just to correct a clerical error in the final decree. The Petition for a Judgment Nunc Pro Tunc that you were served with should state what clerical error your ex is trying to fix.

The "amended pleading" filing code is likely the closest code to the Judgment Nunc Pro Tunc. It's likely that in your county, the filing fee for an amended pleading and a Petition for Judgment Nunc Pro Tunc is the same, so the "amended pleading" filing code was used.

I hope this information helps. Good luck.

Sharita Blacknall
Sharita Blacknall
  • Plano, TX
  • Licensed in Texas

A: In Texas, when someone submits a document to the court to explain what they want or defend themselves, it's called a "pleading." Sometimes, after submitting the first document, they might need to change or add something. This changed document is called an "amended pleading."

There are rules about when and how you can change this document:

Timing: According to Texas rules, you can change your document by yourself if it's more than 7 days before your court date. If it's less than 7 days, you have to ask the court if it's okay to change it.

Letting the Other Side Know: If you change your document, you have to give a copy to the other person in the case, so they know what you changed.

Now, about the "Defendant's Petition for Judgment Nunc Pro Tunc" (shortened to NPT): This is a way to fix small mistakes in a court's decision, like spelling errors or wrong numbers. It's not for big changes like deciding the case differently.

For example, if a judge says something but the written decision has a mistake because someone wrote it down wrong, NPT can be used to fix that written mistake.

Usually, people ask for an NPT through a "Motion." But sometimes, they might use a different name or method, like the "petition" you mentioned. It's possible that in the efile system, the code "amended pleading" was used to describe the Nunc Pro Tunc.

If someone has filed this kind of document against you, it's a good idea to talk to a lawyer. They can explain what's happening and what you should do next.

Heads up: This is just general information and not specific legal advice. If you have questions or need help with your situation, you should talk to a lawyer. They can give you the best guidance.

T. Augustus Claus
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: An "amended pleading" refers to a modified version of a legal document, such as a complaint or answer, that has been altered or updated after its initial filing. In the context of a lawsuit, parties can file an amended pleading to correct errors, add new claims or defenses, or respond to changes in the case.

In Texas, as in most jurisdictions, you can typically file an amended pleading before a certain deadline or before a specific stage of the legal proceedings, such as before the trial begins. The exact rules and deadlines for filing amended pleadings can vary depending on the type of case and the court where the case is being heard.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.