Texas Rules of Civil Procedure
Current through January 1, 2026
Chapter I · General Rules
- 1 Objective of Rules
- 2 Scope of Rules
- 3 Construction of Rules
- 4 Computation of Time Deadlines
- 5 Enlargement of Time Deadlines
- 6 Suits Commenced on Sunday
- 7 May Appear by Attorney
- 8 Attorney in Charge
- 9 Number of Counsel Heard
- 10 Withdrawal of Attorney
- 11 Agreements to Be in Writing
- 12 Attorney to Show Authority Deadlines
- 13 Effect of Signing Pleadings, Motions and Other Papers; Sanctions
- 14 Affidavit by Agent
- 14b Return or Other Disposition of Exhibits Deadlines
- 14c Deposit in Lieu of Surety Bond
Chapter II · Rules of Practice in District and County Courts
- 15 Writs and Process Deadlines
- 16 Shall Endorse All Process
- 17 Officer to Execute Process
- 18 When Judge Dies During Terms, Resigns or Is Disabled
- 18a Recusal and Disqualification of Judges Deadlines
- 18b Grounds for Recusal and Disqualification of Judges
- 18c Recording and Broadcasting of Court Proceedings
- 19 Non-adjournment of Term
- 20 Minutes Read and Signed
- 21 Filing and Serving Pleadings and Motions Deadlines
- 21a Methods of Service Deadlines
- 21b Sanctions for Failure to Serve or Deliver Copy of Pleadings and Motions
- 21c Privacy Protection for Filed Documents Deadlines
- 21d Appearances at Court Proceedings
- 22 Commenced by Petition
- 23 Suits to Be Numbered Consecutively
- 24 Duty of Clerk
- 25 Clerk's File Docket
- 26 Clerk's Court Docket
- 27 Order of Cases
- 28 Suits in Assumed Name
- 29 Suit on Claim Against Dissolved Corporation
- 30 Parties to Suits
- 31 Surety Not to Be Sued Alone
- 32 May Have Question of Suretyship Tried
- 33 Suits by or Against Counties
- 34 Against Sheriff, Etc
- 35 On Official Bonds
- 36 Different Officials and Bondsmen
- 37 Additional Parties
- 38 Third-party Practice Deadlines
- 39 Joinder of Persons Needed for Just Adjudication
- 40 Permissive Joinder of Parties
- 41 Misjoinder or Non-joinder of Parties
- 42 Class Actions
- 43 Interpleader
- 44 May Appear by Next Friend
- 45 Definition and System
- 46 Petition and Answer; Each One Instrument of Writing
- 47 Claims for Relief
- 48 Alternative Claims for Relief
- 49 Where Several Counts
- 50 Paragraphs, Separate Statements
- 51 Joinder of Claims and Remedies
- 52 Alleging a Corporation
- 53 Special Act or Law
- 54 Conditions Precedent
- 55 Judgment
- 56 Special Damage
- 57 Signing of Pleadings
- 58 Adoption by Reference
- 59 Exhibits and Pleading
- 60 Intervenor's Pleadings
- 61 Trial: Intervenors: Rules Apply to All Parties
- 62 Amendment Defined
- 63 Amendments and Responsive Pleadings Deadlines
- 64 Amended Instrument
- 65 Substituted Instrument Takes Place of Original
- 66 Trial Amendment
- 67 Amendments to Conform to Issues Tried Without Objection
- 68 Court May Order Repleader
- 69 Supplemental Petition or Answer
- 70 Pleading: Surprise: Cost
- 71 Misnomer of Pleading
- 74 Filing with the Court Defined
- 75 Filed Pleadings; Withdrawal
- 75a Filing Exhibits: Court Reporter to File with Clerk
- 75b Filed Exhibits: Withdrawal
- 76 May Inspect Papers
- 76a Sealing Court Records Deadlines
- 77 Lost Records and Papers Deadlines
- 78 Petition: Original and Supplemental; Indorsement
- 79 The Petition
- 80 Plaintiff's Supplemental Petition
- 81 Defensive Matters
- 82 Special Defenses
- 83 Answer; Original and Supplemental; Indorsement
- 84 Answer May Include Several Matters
- 85 Original Answer; Contents
- 86 Motion to Transfer Venue
- 87 Determination of Motion to Transfer Deadlines
- 88 Discovery and Venue
- 89 Transferred If Motion Is Sustained Deadlines
- 90 Waiver of Defects in Pleading
- 91 Special Exceptions
- 91a DISMISSAL OF BASELESS CAUSES OF ACTION 91a.1 Motion and Grounds Deadlines
- 92 General Denial
- 93 Certain Pleas to Be Verified Deadlines
- 94 Affirmative Defenses
- 95 Pleas of Payment
- 96 No Discontinuance
- 97 Counterclaim and Cross-claim
- 98 Supplemental Answers
- 99 Issuance and Form of Citation Deadlines
- 103 Who May Serve Deadlines
- 105 Duty of Officer or Person Receiving
- 106 Method of Service
- 107 Return of Service Deadlines
- 108 Service in Another State Deadlines
- 108a Service of Process in Foreign Countries
- 109 Citation by Publication
- 109a Other Substituted Service
- 110 Effect of Rules on Other Statutes
- 111 Citation by Publication in Action Against Unknown Heirs or Stockholders of Defunct Corporations
- 112 Parties to Actions Against Unknown Owners or Claimants of Interest in Land
- 113 Citation by Publication in Actions Against Unknown Owners or Claimants of Interest in Land
- 114 Citation by Publication; Requisites Deadlines
- 115 Form of Published Citation in Actions Involving Land
- 116 Service of Citation by Publication Deadlines
- 117 Return of Citation by Publication
- 117a Citation in Suits for Delinquent Ad Valorem Taxes Deadlines
- 118 Amendment
- 119 Acceptance of Service
- 119a Copy of Decree
- 120 Entering Appearance
- 120a Special Appearance Deadlines
- 121 Answer Is Appearance
- 122 Constructive Appearance
- 123 Reversal of Judgment
- 124 No Judgment Without Service
- 125 Parties Responsible
- 127 Parties Liable for Other Costs
- 129 How Costs Collected Deadlines
- 130 Officer to Levy
- 131 Successful Party to Recover
- 133 Costs of Motion
- 136 Demand Reduced by Payments
- 137 In Assault and Battery, Etc
- 138 Cost of New Trials
- 139 On Appeal and Certiorari
- 140 No Fee for Copy
- 141 Court May Otherwise Adjudge Costs
- 142 Security for Costs
- 143 Rule for Costs
- 143a Costs on Appeal to County Court Deadlines
- 144 Judgment on Cost Bond Deadlines
- 146 Deposit for Costs
- 147 Applies to Any Party
- 148 Secured by Other Bond
- 149 Execution for Costs
- 150 Death of Party
- 151 Death of Plaintiff
- 152 Death of Defendant
- 153 When Executor, Etc. Dies
- 154 Requisites of Scire Facias
- 155 Surviving Parties
- 156 Death After Verdict or Close of Evidence
- 158 Suit for the Use of Another
- 159 Suit for Injuries Resulting in Death
- 160 Dissolution of Corporation
- 161 Where Some Defendants Not Served
- 162 Dismissal or Non-suit
- 163 Dismissal as to Parties Served, Etc
- 165 Abandonment
- 165a Dismissal for Want of Prosecution Deadlines
Chapter III · Rules Relating to Special Proceedings
- 166 Pre-trial Conference
- 166a Summary Judgment Deadlines
- 167 Offer of Settlement; Award of Litigation Costs Deadlines
- 168 Permission to Appeal
- 169 Expedited Actions Deadlines
- 171 Master in Chancery
- 172 Audit Deadlines
- 173 Guardian Ad Litem
- 174 Consolidation; Separate Trials
- 175 Issue of Law and Dilatory Pleas
- 176 Subpoenas Deadlines
- 180 Refusal to Testify
- 181 Party as Witness
- 183 Interpreters
- 185 Suit on Account
- 190 Discovery Limitations Deadlines
- 191 Modifying Discovery Procedures and Limitations; Conference Requirement; Signing Disclosures; Discovery Requests, Responses, and Objections; Filing Requirements Deadlines
- 192 Permissible Discovery: Forms, Scope, Work Product
- 193 Written Discovery: Response and Objection Deadlines
- 194 Required Disclosures in Suits Not Governed by the Family Code Deadlines
- 195 Discovery Regarding Testifying Expert Witnesses Deadlines
- 196 Requests for Production and Inspection Deadlines
- 197 Interrogatories to Parties Deadlines
- 198 Requests for Admissions Deadlines
- 199 Depositions Upon Oral Examination Deadlines
- 200 Depositions Upon Written Questions Deadlines
- 202 Depositions Before Suit or to Investigate Claims Deadlines
- 203 Signing, Certification and Use of Oral and Written Depositions Deadlines
- 204 Physical and Mental Examination Deadlines
- 205 Discovery from Non-parties Deadlines
- 215 Abuse of Discovery; Sanctions
Chapter IV · Rules Relating to Evidence
- 216 Request for Jury Trial Deadlines
- 217 Oath of Inability
- 218 Jury Docket
- 219 Jury Trial Day
- 220 Withdrawing Cause from Jury Docket
- 221 Challenge to the Array
- 222 When Challenge Is Sustained
- 223 Jury List in Certain Counties
- 224 Preparing Jury List
- 225 Summoning Talesman
- 226 Oath to Jury Panel
- 227 Challenge to Juror
- 228 \"challenge for Cause\" Defined
- 229 Challenge for Cause
- 230 Certain Questions Not to Be Asked
- 231 Number Reduced by Challenges
- 232 Making Peremptory Challenges
- 233 Number of Peremptory Challenges
- 234 Lists Returned to the Clerk
- 235 If Jury Is Incomplete
- 236 Oath to Jury
- 237 Appearance Day
- 237a Cases Remanded from Federal Court Deadlines
- 238 Call of Appearance Docket
- 239 Judgment by Default
- 239a Notice of Default Judgment
- 240 Where Only Some Answer
- 241 Assessing Damages on Liquidated Demands
- 243 Unliquidated Demands
- 244 On Service by Publication
- 245 Assignment of Cases for Trial Deadlines
- 246 Clerk to Give Notice of Settings
- 247 Tried When Set
- 248 Jury Cases
- 249 Call of Non-jury Docket
- 251 Continuance
- 252 Application for Continuance
- 253 Absence of Counsel as Ground for Continuance
- 254 Attendance on Legislature Deadlines
- 255 Change of Venue by Consent
- 257 Granted on Motion
- 258 Shall Be Granted
- 259 To What County
- 261 Transcript on Change
- 262 Trial by the Court
- 263 Agreed Case
- 264 Videotape Trial
- 265 Order of Proceedings on Trial by Jury
Chapter V · Rules of Practice in Justice Courts
- 266 Open and Close - Admission
- 267 Witnesses Placed Under Rule
- 268 Motion for Instructed Verdict
- 269 Argument
- 270 Additional Testimony
- 271 Charge to the Jury
- 272 Requisites
- 273 Jury Submissions
- 274 Objections and Requests
- 275 Charge Read Before Argument
- 276 Refusal or Modification
- 277 Submission to the Jury
- 278 Submission of Questions, Definitions, and Instructions
- 279 Omissions from the Charge
- 280 Presiding Juror of Jury
- 281 Papers Taken to Jury Room
- 282 Jury Kept Together
- 283 Duty of Officer Attending Jury
- 284 Judge to Caution Jury
- 285 Jury May Communicate with Court
- 286 Jury My Receive Further Instructions
- 287 Disagreement as to Evidence
- 288 Court Open for Jury
- 289 Discharge of Jury
- 290 Definition and Substance
- 291 Form of Verdict
- 292 Verdict by Portion of Original Jury
- 293 When the Jury Agree
- 294 Polling the Jury
- 295 Correction of Verdict
- 296 Requests for Findings of Facts and Conclusions of Law Deadlines
- 297 Time to Send Findings of Fact and Conclusions of Law Deadlines
- 298 Additional or Amended Findings of Fact and Conclusions of Law Deadlines
- 299 Omitted Findings
- 300 Court to Render Judgment
- 301 Judgments
- 302 On Counterclaim
- 303 On Counterclaim for Costs
- 304 Judgment Upon Record
- 305 Proposed Judgment
- 306 Recitation of Judgment
- 306a Periods to Run from Signing of Judgment Deadlines
- 306b Advice of Right to Appeal in Orders Certifying a Child to Stand Trial as an Adult
- 306c Prematurely Filed Documents
- 307 Exceptions, Etc., Transcript
- 308 Court Shall Enforce Its Decrees
- 308a In Suits Affecting the Parent-child Relationship
- 309 In Foreclosure Proceedings
- 310 Writ of Possession Deadlines
- 311 On Appeal from Probate Court
- 312 On Appeal from Justice Court
- 313 Against Executors, Etc
- 314 Confession of Judgment
- 315 Remittitur
- 316 Correction of Clerical Mistakes in Judgment Record
- 320 Motion and Action of Court Thereon
- 321 Form
- 322 Generality to Be Avoided
- 324 Prerequisites of Appeal
- 326 Not More Than Two
- 327 For Jury Misconduct
- 329 Motion for New Trial on Judgment Following Citation by Publication Deadlines
- 329a County Court Cases
- 329b Time for Filing Motions Deadlines
- 330 Rules of Practice and Procedure in Certain District Courts Deadlines
- 360 Written Opinions in Business Court Actions
- 500 General Rules Deadlines
- 501 Citation and Service Rule 501.1. Citation Deadlines
- 502 Institution of Suit Rule 502.1. Pleadings and Motions Must Be Written, Signed, and Filed Deadlines
- 503 Default Judgment; Pre-trial Matters; Trial Rule 503.1. If Defendant Fails to Answer Deadlines
- 504 Jury Deadlines
- 505 Judgment; New Trial Deadlines
- 506 Appeal Rule 506.1. Appeal Deadlines
- 507 Administrative Rules for Judges and Court Personnel Rule 507.1. Plenary Power Deadlines
- 508 Debt Claim Cases Rule 508.1. Application
- 509 Repair and Remedy Cases Rule 509.1. Applicability of Rule Deadlines
- 514 [Repealed effective September 1, 1986]
Chapter VI · Rules Relating to Ancillary Proceedings
- 592 Application for Writ of Attachment and Order Deadlines
- 592a Bond for Attachment
- 592b Form of Attachment Bond
- 593 Requisites for Writ
- 594 Form of Writ
- 595 Several Writs
- 596 Delivery of Writ
- 597 Duty of Officer
- 598 Levy, How Made
- 598a Service of Writ on Defendant
- 599 Defendant May Replevy Deadlines
- 600 Sale of Perishable Property
- 601 To Protect Interests
- 602 Bond of Applicant for Sale
- 603 Procedure for Sale Deadlines
- 604 Return of Sale
- 605 Judge May Make Necessary Orders
- 606 Return of Writ Deadlines
- 607 Report of Disposition of Property
- 608 Dissolution or Modification of Writ of Attachment Deadlines
- 609 Amendment
- 610 Application for Distress Warrant and Order Deadlines
- 611 Bond for Distress Warrant
- 612 Requisites for Warrant
- 613 Service of Warrant on Defendant
- 614 Defendant May Replevy Deadlines
- 614a Dissolution or Modification of Distress Warrant Deadlines
- 615 Sale of Perishable Property
- 616 To Protect Interests
- 617 Procedure for Sale Deadlines
- 618 Return of Sale
- 619 Citation for Defendant Deadlines
- 620 Petition Deadlines
- 621 Enforcement of Judgment Deadlines
- 621a Discovery and Enforcement of Judgment
- 622 Execution
- 623 On Death of Executor
- 624 On Death of Nominal Plaintiff
- 625 On Money of Deceased
- 626 On Property of Deceased
- 627 Time for Issuance Deadlines
- 628 Execution Within Thirty Days
- 629 Requisites of Execution Deadlines
- 630 Execution on Judgment for Money
- 631 Execution for Sale of Particular Property
- 632 Execution for Delivery of Certain Property
- 633 Execution for Possession or Value of Personal Property
- 634 Execution Superseded
- 635 Stay of Execution in Justice Court Deadlines
- 636 Indorsements by Officer
- 637 Levy of Execution
- 638 Property Not to Be Designated
- 639 Levy
- 640 Levy on Stock Running at Large
- 641 Levy on Shares of Stock
- 643 Levy on Goods Pledged or Mortgaged
- 644 May Give Delivery Bond
- 645 Property May Be Sold by Defendant
- 646 Forfeited Delivery Bond
- 646a Sale of Real Property
- 647 Notice of Sale of Real Estate Deadlines
- 648 \"courthouse Door\" Defined
- 649 Sale of Personal Property
- 650 Notice of Sale of Personal Property Deadlines
- 651 When Execution Is Not Satisfied
- 652 Purchaser Failing to Comply Deadlines
- 653 Resale of Property
- 654 Return of Execution
- 655 Return of Execution by Mail
- 656 Execution Docket
- 657 Judgment Final for Garnishment
- 658 Application for Writ of Garnishment and Order Deadlines
- 658a Bond for Garnishment
- 659 Case Docketed Deadlines
- 661 Form of Writ Deadlines
- 662 Delivery of Writ
- 663 Execution and Return of Writ
- 663a Service of Writ and Other Documents on Defendant
- 664 Defendant May Replevy Deadlines
- 664a Dissolution or Modification of Writ of Garnishment Deadlines
- 665 Answer to Writ
- 666 Garnishee Discharged
- 667 Judgment by Default
- 668 Judgment When Garnishee Is Indebted
- 669 Judgment for Effects
- 670 Refusal to Deliver Effects
- 672 Sale of Effects
- 673 May Traverse Answer
- 674 Trial of Issue
- 675 Docket and Notice Deadlines
- 676 Issue Tried in Other Cases
- 677 Costs
- 678 Garnishee Discharged on Proof
- 679 Amendment
- 679a Turnover Under Civil Practice and Remedies Code § 31.002 Deadlines
- 679b Personal Property Exemptions in Post-judgment Proceedings Deadlines
- 680 Temporary Restraining Order Deadlines
- 681 Temporary Injunctions: Notice
- 682 Sworn Petition
- 683 Form and Scope of Injunction or Restraining Order
- 684 Applicant's Bond
- 685 Filing and Docketing
- 686 Citation
- 687 Requisites of Writ Deadlines
- 688 Clerk to Issue Writ
- 689 Service and Return
- 690 The Answer
- 691 Bond on Dissolution
- 692 Disobedience
- 693 Principles of Equity Applicable
- 693a Bond in Divorce Case
- 694 No Mandamus Without Notice
- 695 No Receiver of Immovable Property Appointed Without Notice Deadlines
- 695a Bond, and Bond in Divorce Cases
- 696 Application for Writ of Sequestration and Order Deadlines
- 697 Petition
- 698 Bond for Sequestration
- 699 Requisites of Writ
- 700 Amendment
- 700a Service of Writ on Defendant
- 701 Defendant May Replevy Deadlines
- 702 Bond for Personal Property
- 703 Bond for Real Estate
- 704 Return of Bond and Entry of Judgment
- 705 Defendant May Return Sequestered Property Deadlines
- 706 Disposition of the Property by Officer
- 707 Execution
- 708 Plaintiff May Replevy Deadlines
- 709 When Bond Forfeited
- 710 Sale of Perishable Goods Deadlines
- 711 Order of Sale for
- 712 Return of Order Deadlines
- 712a Dissolution or Modification of Writ of Sequestration Deadlines
- 713 Sale on Debt Not Due
- 714 Purchaser's Bond
- 715 Return of Bond
- 716 Recovery on Bond
- 717 Claimant Must Make Affidavit
- 718 Property Delivered to Claimant Deadlines
- 719 Bond
- 720 Return of Bond
- 721 Out-county Levy
- 722 Return of Original Writ
- 723 Docketing Cause
- 724 Issue Made Up
- 725 Judgment by Default
- 726 Judgment of Non-suit
- 727 Proceedings
- 728 Burden of Proof
- 729 Copy of Writ Evidence
- 730 Failure to Establish Title
- 731 Execution Shall Issue Deadlines
- 732 Return of Property by Claimant Deadlines
- 733 Claim Is a Release of Damages
- 734 Levy on Other Property
Chapter VII · Rules Relating to Special Proceedings
- 735 Foreclosures Requiring a Court Order
- 736 Expedited Order Proceeding Deadlines
- 756 Petition
- 757 Citation and Service
- 758 Where Defendant Is Unknown or Residence Is Unknown
- 759 Judgment Where Defendant Cited by Publication
- 760 Court Shall Determine, What
- 761 Appointment of Commissioners
- 762 Writ of Partition
- 763 Service of Writ of Partition
- 764 May Appoint Surveyor
- 765 Return of Writ Deadlines
- 766 Shall Proceed to Partition
- 767 May Cause Survey
- 768 Shall Divide Real Estate
- 769 Report of Commissioners
- 770 Property Incapable of Division
- 771 Objections to Report Deadlines
- 772 Procedure
- 773 Value Ascertained
- 774 Decree of Court Executed
- 775 Property Sold
- 776 Construction
- 777 Pleading and Practice
- 778 Costs
- 779 Joinder of Parties
- 780 Citation to Issue
- 781 Proceeding as in Civil Cases
- 782 Remedy Cumulative
- 783 Requisites of Petition
- 784 The Possessor Shall Be Defendant
- 785 May Join as Defendants, When
- 786 Warrantor, Etc., May Be Made a Party
- 787 Landlord May Become Defendant
- 788 May File Plea of \"not Guilty\" Only
- 789 Proof Under Such Plea
- 790 Answer Taken as Admitting Possession
- 791 May Demand Abstract of Title Deadlines
- 792 Time to File Abstract Deadlines
- 793 Abstract Shall State, What
- 794 Amended Abstract
- 795 Rules in Other Cases Observed
- 796 Surveyor Appointed, Etc
- 797 Survey Unnecessary, When
- 798 Common Source of Title Deadlines
- 799 Judgment by Default
- 800 Proof Ex Parte
- 801 When Defendant Claims Part Only
- 802 When Plaintiff Proves Part
- 803 May Recover a Part
- 804 The Judgment
- 805 Damages
- 806 Claim for Improvements
- 807 Judgment When Claim for Improvements Is Made
- 808 These Rules Shall Not Govern, When
- 809 These Rules Shall Not Govern, When
- 810 Requisites of Pleadings
- 811 Service by Publication in Actions Under Section 17.003, Civil Practice and Remedies Code
- 812 No Judgment by Default
- 813 Suit to Extinguish Lien
- 814 Effective Date
- 815 Substantive Rights Unaffected