The beginning of the year is one of the most common times attorneys find themselves amending pleadings. New dates, updated filings, and ongoing cases can create small but important issues if details are overlooked.

One of the most frequent mistakes? Filing a document that still references the prior year.

Whether it’s a hearing date, a certificate, or a title page, these details matter. Here are a few practical tips to help keep amended pleadings accurate and properly filed.

A Common Early-Year Issue: Still Entering Last Year’s Date

At the start of a new year, it’s easy to accidentally reference the prior year in a hearing date or filing. If this happens, the key is to correct the document promptly so the record reflects the proper date.

Reviewing hearing dates, certificates, and captions carefully before filing can help prevent these issues from carrying forward.

Updating the Title of an Amended Pleading

When amending a pleading, the title should clearly reflect the update. Adding “First Amended” (or the appropriate amendment designation) to the document title helps ensure clarity for the court and opposing counsel.

If the amended filing is a petition, be sure to include a Certificate of Service, which is often required for proper notice.

Once finalized, amended pleadings are generally eFiled under the same cause number, with the updated title clearly reflected.

When Court Permission Is Required

In some cases, court permission is required to amend pleadings, particularly if a deadline has passed.

A Motion for Leave to Amend Pleadings may be necessary, depending on the circumstances and applicable rule. These motions vary based on whether the amendment is intended to cure a defect, conform pleadings to issues tried, or address expedited actions.

Understanding which motion applies can help ensure amendments are handled correctly and without unnecessary delay.

Amending Discovery Responses and Related Filings

Amendments may also be required for discovery responses and related filings. This can include supplemental or amended responses to requests for production, interrogatories, admissions, or discovery governed by Rule 193.5 of the Texas Rules of Civil Procedure.

Carefully updating discovery responses helps maintain accuracy and consistency throughout the case.

Correcting Signed Orders: Nunc Pro Tunc

If a signed order contains a clerical error, a Motion for Judgment (or Order) Nunc Pro Tunc should be filed to correct the record.

When preparing the proposed judgment or order, it is best practice to include the full text of the original order, not just the corrected portion, so the intended change is clear and accurately reflected.

Staying Organized When Amendments Are Needed

Amending pleadings is a routine part of practice, especially at the beginning of the year. Staying organized, reviewing details carefully, and using the correct procedural tools can help prevent avoidable issues and delays.

How TXdocs Can Help

TXdocs supports these amendment workflows by allowing attorneys to reuse case information, update documents efficiently, and access the appropriate forms when amendments or court permission are required.

If you’d like to see how TXdocs can support your drafting process, you can explore the system with a free trial.

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