Texas Legal Glossary · Personal Injury

Original Petition

Written and reviewed by Shane M. Boasberg, founder of SMB Law, PC · Licensed in Texas since 2003 · Updated October 2026

Definition: An original petition is the document that starts a civil lawsuit in Texas, the equivalent of a complaint in other states. Under Texas Rules of Civil Procedure 45 and 47, it states the facts, the legal claims, the damages range sought, and the discovery level.

Also called: petition, complaint, plaintiff's original petition

What an original petition means in Texas

The original petition is the pleading that opens a lawsuit in Texas state court. Most states call this document a complaint. Texas Rule of Civil Procedure 45 requires it to be in writing, signed, and to give fair notice of the claim in plain and concise language. Rule 47 adds the specific contents: a short statement of the cause of action, the relief sought, and a statement of the damages range.

Filing the petition is what stops the statute of limitations, as long as the plaintiff then uses diligence to have the defendant served with citation.

How it works in practice

Rule 47(c) requires the plaintiff to check one of several boxes describing the monetary relief sought, such as $250,000 or less, over $250,000 but not more than $1,000,000, or over $1,000,000. The petition must also state a discovery level under Rule 190. Cases seeking $250,000 or less typically fall under Level 1 and the expedited actions process of Rule 169, which limits discovery and sets a shorter trial. Larger injury cases are usually Level 2 or 3.

Injury suits in Austin are filed in Travis County district court, where the civil courts sit at the Travis County Civil and Family Courts Facility on Guadalupe Street, or in county court at law for smaller amounts. The petition is filed electronically through the state eFile system and assigned to a court by random draw.

Why it matters in your case

The petition sets the ceiling on what the case can recover and frames every later fight. A plaintiff who checks the $250,000 or less box cannot recover more without amending, and amending late can require a showing of good cause.

Example

Victor is injured by a drunk driver on Riverside Drive and his medical bills alone exceed $180,000. His lawyer files an original petition in Travis County district court alleging negligence and gross negligence, pleading monetary relief over $250,000 but not more than $1,000,000, and designating Level 3 discovery so the court sets a tailored schedule. The driver is served two weeks later.

This entry explains Texas law in general terms and is not legal advice for any specific situation. Statutes and case law change; the date above reflects the last review.