Motion to Correct Pleadings Before Judgment In Texas
It is well established that a party may amend its pleadings after verdict but before judgment. Greenhalgh v. Service Lloyds Ins. Co., 787 S.W.2d 938, 940 (Tex. 1990).
Texas Rule of Civil Procedure 63 provides:
Parties may amend their pleadings . . . provided that any pleadings . . . offered for filing within seven days of the date of trial or thereafter . . . shall be filed only after leave of the judge is obtained, which leave shall be granted by the judge unless there is a showing that such filing will operate as a surprise to the opposite party. TEX. R. CIV. P. 63.
An amended pleading that changes only the amount of damages sought does not automatically operate as a surprise as contemplated by rule 63. Greenhalgh, 787 S.W.2d at 940.
A party opposing an amendment increasing damages must present evidence to show that the increase resulted in surprise. Id.
Thus, in the absence of a showing of surprise or prejudice by an opposing party, a trial court must grant leave to a party to amend his or her pleadings to conform the amount of damages requested to that awarded by the jury. Id. at 941.