Petition / Complaint
The initial pleading filed by a plaintiff to commence a lawsuit. The petition (Texas) or complaint (federal) states the parties, the court's jurisdiction, the factual and legal basis for the claim, and the relief sought. Texas pleading standards differ meaningfully from federal Twombly/Iqbal plausibility.
The petition (in Texas state court terminology) or complaint (in federal court terminology) is the initial pleading filed by a plaintiff to commence a lawsuit. The petition states the parties, the court's jurisdiction, the factual and legal basis for the claim, and the relief sought. Texas pleading standards differ meaningfully from federal pleading standards under Twombly/Iqbal.
Texas pleading standard
Under TRCP 47, a petition must contain (1) a short statement of the cause of action sufficient to give fair notice; (2) a statement that the damages sought are within the court's jurisdictional limits; (3) a statement placing the claim in one of the Rule 47(c) relief categories, such as only monetary relief of $325,000 or less, or monetary relief over $1,000,000; and (4) a demand for judgment for all other relief to which the party deems itself entitled. A party that omits the Rule 47(c) statement may not conduct discovery until it amends. Separately, TRCP 190.1 requires the plaintiff to allege the intended discovery level in the first numbered paragraph of the original petition. Texas uses a "fair notice" pleading standard, significantly more permissive than federal Twombly/Iqbal plausibility standard.
Federal pleading standard
Under Twombly/Iqbal, federal complaints must contain "enough facts to state a claim to relief that is plausible on its face." Conclusory allegations and threadbare recitals of the elements of a claim are insufficient. This is a meaningfully higher bar than Texas's fair-notice standard.
Specific pleading requirements
In federal court, fraud must be pleaded with particularity (Fed. R. Civ. P. 9(b)). Texas has no counterpart rule, and Texas pleadings are tested for fair notice (TRCP 45, 47). In both systems, the performance of conditions precedent may be pleaded generally (TRCP 54; Fed. R. Civ. P. 9(c)). A plaintiff suing a nonresident must plead allegations sufficient to bring the defendant within the Texas long-arm statute.
The pleading standard difference is consequential, claims that survive motion to dismiss in Texas state court may be dismissed in federal court for lack of plausibility. After removal, the Federal Rules of Civil Procedure govern the case (Fed. R. Civ. P. 81(c)(1)), so a petition drafted to the Texas standard may later be tested under Twombly/Iqbal.
Practice guide: How Long a Business Lawsuit Takes in Texas