Petition
(TX)

Summary

This template illustrates the general structure and format of an original petition for use in a civil action in Texas district or county court. This template includes practical guidance, drafting notes, and alternate and optional clauses. The original petition in Texas state courts serves the same function as the complaint in federal district courts and in the state courts of most other states. Filing an original petition in a Texas district or county court commences a civil lawsuit. Tex. R. Civ. P. 22. The filing of the petition also stops the running of the statute of limitations, provided that the filing is accompanied by "due diligence" in securing the issuance and service of citation. Murray v. San Jacinto Agency, Inc., 800 S.W.2d 826, 830 (Tex. 1990); Zacharie v. U.S. Nat. Res., Inc., 94 S.W.3d 748, 754 (Tex. App.—San Antonio 2002, no pet.); see discussion in Statutes of Limitations (TX). Another important function of the petition is to provide the defendant with "a short statement of the cause of action sufficient to give fair notice of the claim involved" and to make a demand for the relief requested. See Tex. R. Civ. P. 47(a), (d); see also Tex. R. Civ. P. 45(b). Generally, the petition should be formatted like other documents filed in court. See Formatting Rules in Court Checklist (TX). The petition includes the following elements, as further described in the drafting notes to this template: • A caption setting forth the case file number, names of the parties, name of the court, and title of the document • A salutation and introductory paragraph • The body of the petition, consisting of separate numbered paragraphs (see Tex. R. Civ. P. 50), which must include: o Selection of the applicable discovery control plan (see Tex. R. Civ. P. 190.1) o A statement of the relief requested, including range of monetary relief (see Tex. R. Civ. P. 47(c)) o Allegations identifying the parties (see Tex. R. Civ. P. 79) o Allegations showing that the court has jurisdiction over the subject matter and parties o Allegations showing that the county where the action is filed is a proper venue for the action o Allegations setting forth the cause(s) of action asserted against the defendant(s), divided into separate counts where needed to facilitate clear presentation of the matters set forth (see Tex. R. Civ. P. 45(b), 47(a), 50) • A demand or prayer for relief (see Tex. R. Civ. P. 47(d)) • Signature of the plaintiff's attorney of record (or the plaintiff, if not represented) and specified contact information (see Tex. R. Civ. P. 45, 57) • Verification, when required for a specific type of case For simplicity of illustration, this template assumes there is only one plaintiff and one defendant in the action. The language in the template should, of course, be modified appropriately in cases where there are multiple parties. As noted above, this template is intended only to illustrate the general format and structure of an original petition. Specific allegations regarding plaintiff's cause(s) of action must be inserted into this template. For templates of petitions illustrating pleadings of specific substantive causes of action and discussion of the required elements, see the substantive chapters in Dorsaneo, Texas Litigation Guide. For more information on drafting the original petition, see Commencing a Lawsuit: Drafting the Petition (TX) and Commencing a Lawsuit: Drafting the Petition Checklist (TX). For information on filing the petition and serving the petition and citation, see Commencing a Lawsuit: Filing the Petition and Serving Process (TX) and Commencing a Lawsuit: Filing the Petition and Serving Process Checklist (TX). For a full listing of key content covering fundamental civil litigation tasks throughout a Texas state court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (TX).