Texas Rules of Civil Procedure - txcourts.gov

1 Texas Rules of Civil ProcedureTable of ContentsPART I - GENERAL RULESRULE OF RULESRULE OF RULESRULE OF RULESRULE RULESRULE OF TIMERULE OF TIMERULE COMMENCED ON SUNDAYRULE APPEAR BY ATTORNEYRULE IN CHARGERULE OF COUNSEL HEARDRULE OF ATTORNEYRULE TO BE IN WRITINGRULE TO SHOW AUTHORITYRULE OF SIGNING PLEADINGS, MOTIONS AND OTHER PAPERS; SANCTIONSRULE BY AGENTRULE OR OTHER DISPOSITION OF EXHIBITSRULE IN LIEU OF SURETY BONDPART II - Rules OF PRACTICE IN DISTRICT AND COUNTY COURTS Section 1 - General RulesRULE AND PROCESSESRULE ENDORSE ALL PROCESSRULE TO EXECUTE PROCESSRULE JUDGE DIES DURING TERMS, RESIGNS OR IS DISABLEDRULE OR DISQUALIFICATION OF JUDGESRULE FOR DISQUALIFICATION OR RECUSAL OF JUDGESRULE AND BROADCASTING OF COURT PROCEEDINGSRULE OF TERMRULE READ AND SIGNEDRULE AND SERVING PLEADINGS AND MOTIONSRULE OF SERVICERULE FOR FAILURE TO SERVE OR DELIVERY A COPY OFPLEADINGS AND MOTIONSRULE PROTECTION FOR FILED DOCUMENTSS ection 2 - Institution of SuitRULE BY PETITIONRULE TO BE NUMBERED CONSECUTIVELYRULE OF CLERKRULE 'S FILE DOCKETRULE 'S COURT DOCKETRULE OF CASESS ection 3 - Parties to SuitsRULE IN ASSUMED NAMERULE ON CLAIM AGAINST DISSOLVED CORPORATIONRULE TO SUITSRULE NOT TO BE SUED ALONERULE HAVE QUESTION OF SURETYSHIP TRIEDRULE BY OR AGAINST COUNTIESRULE SHERIFF.

2 OFFICIAL BONDSRULE OFFICIALS AND BONDSMENRULE PARTIESRULE PRACTICERULE OF PERSONS NEEDED FOR JUST ADJUDICATIONRULE JOINDER OF PARTIESRULE AND NON-JOINDER OF PARTIESRULE ACTIONSRULE APPEAR BY NEXT FRIENDS ection 4 - PleadingA. GeneralRULE AND SYSTEMRULE AND ANSWER; EACH ONE INSTRUMENT OF WRITINGRULE FOR RELIEFRULE CLAIMS FOR RELIEFRULE SEVERAL COUNTSRULE , SEPARATE STATEMENTSRULE OF CLAIMS AND REMEDIES RULE A CORPORATION RULE ACT OR LAW RULE PRECEDENTRULE DAMAGERULE OF PLEADINGSRULE BY REFERENCERULE AND PLEADINGRULE 'S PLEADINGSRULE : INTERVENORS: Rules APPLY TO ALL PARTIESRULE DEFINEDRULE AND RESPONSIVE PLEADINGSRULE INSTRUMENTRULE INSTRUMENT TAKES PLACE OF ORIGINALRULE AMENDMENTRULE TO CONFORM TO ISSUES TRIED WITHOUT OBJECTIONRULE MAY ORDER REPLEADERRULE PETITION OR ANSWERRULE : SURPRISE: COSTRULE OF PLEADINGRULE WITH THE COURT DEFINEDRULE PLEADINGS.

3 WITHDRAWAL RULE EXHIBITS: COURT REPORTER TO FILE WITH CLERK RULE EXHIBITS: WITHDRAWAL RULE INSPECT PAPERS RULE COURT RECORDS RULE RECORDS AND PAPERSS ection 4 - PleadingB. Pleadings of PlaintiffRULE ; ORIGINAL AND SUPPLEMENTAL; INDORSEMENTRULE INFORMATION SHEETRULE PETITIONRULE 'S SUPPLEMENTAL PETITIONRULE MATTERSRULE DEFENSESS ection 4 - PleadingC. Pleadings of DefendantRULE ; ORIGINAL AND SUPPLEMENTAL; ENDORSEMENTRULE MAY INCLUDE SEVERAL MATTERSRULE ANSWER; CONTENTSRULE TO TRANSFER VENUERULE OF MOTION TO TRANSFERRULE AND VENUERULE IF MOTION IS SUSTAINEDRULE OF DEFECTS IN PLEADINGRULE EXCEPTIONSRULE 91aDISMISSAL OF BASELESS CAUSES OF ACTIONRULE DENIALRULE 93. CERTAIN PLEAS TO BE VERIFIEDRULE 94. AFFIRMATIVE DEFENSESRULE 95. PLEAS OF PAYMENTRULE 96. NO DISCONTINUANCERULE 97. COUNTERCLAIM AND CROSS-CLAIMRULE ANSWERSS ection 5 - CitationRULE 99.

4 ISSUANCE AND FORM OF CITATIONRULE 103. WHO MAY SERVERULE 105. DUTY OF OFFICER OR PERSON RECEIVINGRULE 106. METHOD OF SERVICERULE 107. RETURN OF SERVICERULE 108. SERVICE IN ANOTHER STATERULE 108a. SERVICE OF PROCESS IN FOREIGN COUNTRIESRULE 109. CITATION BY PUBLICATIONRULE 109a. OTHER SUBSTITUTED SERVICERULE 110. EFFECT OF Rules ON OTHER STATUTESRULE BY PUBLICATION IN ACTION AGAINST UNKNOWN HEIRSOR STOCKHOLDERS OF DEFUNCT CORPORATIONSRULE TO ACTION AGAINST UNKNOWN OWNERS OR CLAIMANTSOF INTEREST IN LANDRULE BY PUBLICATION IN ACTIONS AGAINST UNKNOWNOWNERS OR CLAIMANTS OF INTEREST IN LANDRULE BY PUBLICATION; REQUISITESRULE 115. FORM OF PUBLISHED CITATION IN ACTIONS INVOLVING LANDRULE 116. SERVICE OF CITATION BY PUBLICATIONRULE 117. RETURN OF CITATION BY PUBLICATIONRULE 117a. CITATION IN SUITS FOR DELINQUENT AD VALOREM TAXESRULE 118.

5 AMENDMENTRULE 119. ACCEPTANCE OF SERVICERULE 119a. COPY OF DECREERULE 120. ENTERING APPEARANCERULE 120a. SPECIAL APPEARANCERULE 121. ANSWER IS APPEARANCERULE 122. CONSTRUCTIVE APPEARANCERULE 123. REVERSAL OF JUDGMENTRULE JUDGMENT WITHOUT SERVICES ection 6 - Costs and Security ThereforRULE 125. PARTIES RESPONSIBLERULE 126. FEE FOR EXECUTION OF PROCESS, DEMANDRULE 127. PARTIES LIABLE FOR OTHER COSTSRULE 129. HOW COSTS COLLECTEDRULE 130. OFFICER TO LEVYRULE 131. SUCCESSFUL PARTY TO RECOVERRULE 133. COSTS OF MOTIONRULE 136. DEMAND REDUCED BY PAYMENTSRULE ASSAULT AND BATTERY, OF NEW TRIALS RULE 139. ON APPEAL AND CERTIORARIRULE 140. NO FEE FOR COPYRULE 141. COURT MAY OTHERWISE ADJUDGE COSTSRULE 142. SECURITY FOR COSTSRULE 143. RULE FOR COSTSRULE 143a. COSTS ON APPEAL TO COUNTY COURTRULE 144. JUDGMENT ON COST BONDRULE 145. AFFIDAVIT ON INDIGENCYRULE 146.

6 DEPOSIT FOR COSTSRULE 147. APPLIES TO ANY PARTYRULE 148. SECURED BY OTHER BONDRULE FOR COSTSS ection 7 - Abatement and Discontinuance of SuitRULE 150. DEATH OF PARTYRULE 151. DEATH OF PLAINTIFFRULE 152. DEATH OF DEFENDANTRULE 153. WHEN EXECUTOR, ETC., DIESRULE 154. REQUISITES OF SCIRE FACIASRULE 155. SURVIVING PARTIESRULE 156. DEATH AFTER VERDICT OR CLOSE OF EVIDENCERULE 158. SUIT FOR THE USE OF ANOTHERRULE FOR INJURIES RESULTING IN DEATHRULE 160. DISSOLUTION OF CORPORATIONRULE 161. WHERE SOME DEFENDANTS NOT SERVEDRULE 162. DISMISSAL OR NON-SUITRULE 163. DISMISSAL AS TO PARTIES SERVED, 165. ABANDONMENTRULE 165a. DISMISSAL FOR WANT OF PROSECUTIONS ection 8 - Pre-Trial Procedure RULE 166. PRE-TRIAL CONFERENCERULE 166a. SUMMARY JUDGMENTRULE 167. OFFER OF SETTLEMENT; AWARD OF LITIGATION COSTSRULE TO APPEALRULE ACTIONSRULE 171.

7 MASTER IN CHANCERYRULE 172. AUDITRULE 173. GUARDIAN AD LITEMRULE 174. CONSOLIDATION; SEPARATE TRIALSRULE OF LAW AND DILATORY PLEASS ection 9 - Evidence and DiscoveryA. EvidenceRULE 176. SUBPOENASRULE 180. REFUSAL TO TESTIFYRULE 181. PARTY AS WITNESSRULE 183. INTERPRETERSRULE ON ACCOUNTS ection 9 - Evidence and DiscoveryB. DiscoveryRULE 190. DISCOVERY LIMITATIONSRULE DISCOVERY Procedure AND LIMITATION;CONFERENCE REQUIREMENT; SIGNING DISCLOSURES; DISCOVERYREQUESTS, RESPONSES, AND OBJECTIONS; FILING REQUIREMENTSRULE DISCOVERY; FORMS AND SCOPE; WORK PRODUCT;PROTECTIVE ORDERS; DEFINITIONSRULE DISCOVERY: RESPONSE; OBJECTION; ASSERTION OFPRIVILEGE; SUPPLEMENTATION AND AMENDMENT; FAILURE TOTIMELY RESPOND; PRESUMPTION OR AUTHENTICITYRULE 194. REQUESTS FOR DISCLOSURERULE 195. DISCOVERY REGARDING TESTIFYING EXPERT WITNESSESRULE FOR PRODUCTION AND INSPECTION TO PARTIES; REQUESTSAND MOTIONS FOR ENTRY UPON PROPERTYRULE 197.

8 INTERROGATORIES TO PARTIESRULE 198. REQUESTS FOR ADMISSIONSRULE 199. DEPOSITIONS UPON ORAL EXAMINATIONRULE 200. DEPOSITIONS UPON WRITTEN QUESTIONSRULE IN FOREIGN JURISDICTIONS FOR USE IN TEXASPROCEEDINGS; DEPOSITIONS IN Texas FOR USE IN FOREIGNPROCEEDINGSRULE 202. DEPOSITIONS BEFORE SUIT OR TO INVESTIGATE CLAIMSRULE , CERTIFICATION AND USE OF ORAL AND WRITTENDEPOSITIONSRULE 204. PHYSICAL AND MENTAL EXAMINATIONRULE 205. DISCOVERY FROM NON-PARTIESRULE OF DISCOVERY; SANCTIONSS ection 10 - The Jury in CourtRULE 216. REQUEST AND FEE FOR JURY TRIALRULE 217. OATH OF INABILITYRULE 218. JURY DOCKETRULE 219. JURY TRIAL DAYRULE 220. WITHDRAWING CAUSE FROM JURY DOCKETRULE 221. CHALLENGE TO THE ARRAYRULE 222. WHEN CHALLENGE IS SUSTAINEDRULE 223. JURY LIST IN CERTAIN COUNTIESRULE 224. PREPARING JURY LISTRULE 225. SUMMONING TALESMANRULE 226.

9 OATH TO JURY PANELRULE 226a. ADMONITORY INSTRUCTIONS TO JURY PANEL AND JURYRULE 227. CHALLENGE TO JURORRULE 228. CHALLENGE FOR CAUSE DEFINEDRULE 229. CHALLENGE FOR CAUSERULE 230. CERTAIN QUESTIONS NOT TO BE ASKEDRULE 231. NUMBER REDUCED BY CHALLENGESRULE 232. MAKING PEREMPTORY CHALLENGESRULE 233. NUMBER OF PEREMPTORY CHALLENGESRULE 234. LISTS RETURNED TO THE CLERKRULE 235. IF JURY IS INCOMPLETERULE TO JURYS ection 11 - Trial of CausesA. Appearance and ProcedureRULE 237. APPEARANCE DAYRULE 237a. CASES REMANDED FROM FEDERAL COURTRULE 238. CALL OF APPEARANCE DOCKETRULE 239. JUDGMENT BY DEFAULTRULE 239a. NOTICE OF DEFAULT JUDGMENTRULE 240. WHERE ONLY SOME ANSWERRULE 241. ASSESSING DAMAGES ON LIQUIDATED DEMANDSRULE 243. UNLIQUIDATED DEMANDSRULE 244. ON SERVICE BY PUBLICATIONRULE 245. ASSIGNMENT OF CASES FOR TRIALRULE 246. CLERK TO GIVE NOTICE OF SETTINGSRULE 247.

10 TRIED WHEN SETRULE 248. JURY CASESRULE OF NON-JURY DOCKETS ection 11 - Trial of CausesB. Continuance and Change of VenueRULE 251. CONTINUANCERULE 252. APPLICATION FOR CONTINUANCERULE 253. ABSENCE OF COUNSEL AS GROUND FOR CONTINUANCERULE 254. ATTENDANCE ON LEGISLATURERULE 255. CHANGE OF VENUE BY CONSENTRULE ON MOTIONRULE 258. SHALL BE GRANTEDRULE 259. TO WHAT COUNTYRULE ON CHANGES ection 11 - Trial of CausesC. The TrialRULE BY THE COURT RULE 263. AGREED CASERULE 264. VIDEOTAPE TRIALRULE 265. ORDER OF PROCEEDINGS ON TRIAL BY JURYRULE 266. OPEN AND CLOSE - ADMISSIONRULE 267. WITNESSES PLACED UNDER RULERULE 268. MOTION FOR INSTRUCTED VERDICTRULE 269. ARGUMENTRULE TESTIMONYS ection 11 - Trial of CausesD. Charge to the JuryRULE 271. CHARGE TO JURYRULE 272. REQUISITESRULE 273. JURY SUBMISSIONSRULE 274. OBJECTIONS AND REQUESTSRULE 275.