Chapter 10-1 Necessity of Pleading Damage Amount

• Jurisdiction: United States

10-1 Necessity of Pleading Damage Amount

Tex. R. Civ. P. 47(c) requires each new petition (other than suits governed by the Family Code) to plead into the jurisdiction of the Court using one of five categories specifying the relief sought:

• Only monetary relief of $100,000 or less, including damages of any kind, penalties, costs, expenses, prejudgment interest and attorney fees;
• Monetary relief of $100,000 or less and non-monetary relief;
• Monetary relief over $100,000 but not more than $200,000;
• Monetary relief over $200,000 but not more than $1,000,000; or,
• Monetary relief over $1,000,000.

Tex. R. Civ. P. 169 allows fast tracking of cases using the mandatory expedited case rules and apply to those matters seeking relief in the first category above. Rule 169 expressly exempts cases governed by the Family Code, the Property Code, the Tax Code, or Chapter 74 of the Civil Practice & Remedies Code.¹

If a plaintiff fails to comply with Rule 47's pleading requirements, the defendant may specially except, and the plaintiff is barred from conducting discovery until the plaintiff's pleading is amended to comply.² Not uncommonly, the petition either includes a discovery request (such as a request for disclosure) or sends discovery shortly after filing suit. If the petition does not conform to Rule 47, the defendant faces a dilemma: answer the discovery to avoid waiving objections or stand on the procedural rights afforded by Rule 47. Best practices suggest that the defendant promptly specially except, as the Court can hear the exception on only 3 days' notice—substantially less than the 30 days afforded for objecting to discovery. Prompt action by the defendant protects against the dilemma. While the plaintiff may require a hearing with a ruling and order from the trial court,³ frequently, the plaintiff will voluntarily amend to conform to Rule 47's damage stratums.

The plaintiff also must specify a discovery control plan depending in part on the amount of damages sought, electing either a Level 1, Level 2 or Level 3 discovery plan. Expedited actions are governed by Level 1 discovery plans and sharply curtail the amount of discovery which can be conducted.⁴ Level 1 cases must be set for trial within 90 days of the end of the discovery period if any party so requests, and the parties are limited to 8 hours per side for jury selection, opening statement, presentation of evidence and closing argument.⁵ For other cases, plaintiff may select either Level 2⁶ or...