Gammel's Rules of the Courts of Texas Page: 39 of 70
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TEXAS COURT RULES.
the object of an amendment, as contradistinguished from a supplemental
petition or answer, being to add something to, or withdraw
something from, that which has been previously pleaded, so as to
perfect that which is or may be deficient, or to correct that which
has been incorrectly stated by the party making the amendment.
13. The party 'amending shall point out the instrument, with
its date, sought to be amended, as "original petition," or "plaintiff's
first supplemental petition," or others filed by the plaintiff, or as
"original answer," or "defendant's first supplemental answer" or
others filed by the defendant, and amend such instrument by preparing
and filing a substitute therefor, entire and complete in itself,
to be styled and indorsed, "amended original petition," or "amended
first supplemental petition," or "amended original answer," or
"amended first supplemental answer," and so on, accordingly as said
instruments of pleading are designated in Rules 3 and 6.
14. Unless the substituted instrument shall be set aside on exceptions
for a departure in pleadings, or on some other ground, the
instrument for which it is substituted shall no longer be regarded
as a part of the pleading in the record of the cause, unless some
error of the court in deciding upon the necessity of the amendment,
or otherwise in superseding it, be complained of, and exception
be taken to the action of the court, or unless it be necessary to
look to the superseded pleading upon a question of limitation.
15. When either party may have occasion to plead new facts,
additional to those formerly pleaded. by him, which constitute an additional
cause of action or defense permissible in the suit, he shall present
it as an amendment to the original petition, or original answer
(unless it is in its nature a response to some pleading of the opposite
party), by substitution, with the proper number, name and indorsement,
in the same manner as other amendments.
16. When either supplement or amendment made to pleading is
of such character, and is presented at such time as to take the opposite
party by surprise (to be judged of by the court), it shall be
cause for imposing the cost of the term upon, and charging the continuance
of the cause (both or either) to the party causing the surprise,
if the other party demand it, and. shall make a satisfactory
showing, or if it otherwise be apparent that he is not ready for
trial, on account of said supplement or amendment being allowed
to be filed by the court.
Pleadings may be amended as provided under Article 1224 and Rule 12.
Held, under this article, authorizing amendment of pleadings before the
parties announce ready for trial, and not thereafter, prescribes a general
rule, but a trial court may allow such amendment after that time as
promotes justice, and it was not an abuse of discretion to permit plaintiff
to file a supplemental petition during a trial pleading payment of items in
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Moffett, James William. Gammel's Rules of the Courts of Texas, book, 1922; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth5836/m1/39/: accessed August 18, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .