TEXAS RULES OF CIVIL PROCEDURE
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TEXAS RULES OF CIVIL PROCEDURE
PART I - GENERAL RULES...................................................................................................... 1
RULE 1. OBJECTIVE OF RULES .......................................................................................... 1
RULE 2. SCOPE OF RULES .................................................................................................... 1
RULE 3. CONSTRUCTION OF RULES ................................................................................ 1
RULE 3a. LOCAL RULES, FORMS, AND STANDING ORDERS ....................................... 1
RULE 4. COMPUTATION OF TIME ..................................................................................... 2
RULE 5. ENLARGEMENT OF TIME .................................................................................... 2
RULE 6. SUITS COMMENCED ON SUNDAY ..................................................................... 3
RULE 7. MAY APPEAR BY ATTORNEY ............................................................................. 3
RULE 8. ATTORNEY IN CHARGE ....................................................................................... 3
RULE 9. NUMBER OF COUNSEL HEARD .......................................................................... 3
RULE 10. WITHDRAWAL OF ATTORNEY ........................................................................ 3
RULE 11. AGREEMENTS TO BE IN WRITING ................................................................. 4
RULE 12. ATTORNEY TO SHOW AUTHORITY ............................................................... 4
RULE 13. EFFECT OF SIGNING PLEADINGS, MOTIONS AND OTHER PAPERS;
SANCTIONS .............................................................................................................................. 5
RULE 14. AFFIDAVIT BY AGENT ........................................................................................ 5
RULE 14b. RETURN OR OTHER DISPOSITION OF EXHIBITS .................................... 5
RULE 14c. DEPOSIT IN LIEU OF SURETY BOND ............................................................ 6
PART II - RULES OF PRACTICE IN DISTRICT AND COUNTY COURTS ..................... 6
RULE 15. WRITS AND PROCESS.......................................................................................... 6
RULE 16. SHALL ENDORSE ALL PROCESS ..................................................................... 7
RULE 17. OFFICER TO EXECUTE PROCESS ................................................................... 7
RULE 18. WHEN JUDGE DIES DURING TERMS, RESIGNS OR IS DISABLED ......... 7
RULE 18a. RECUSAL AND DISQUALIFICATION OF JUDGES ..................................... 7
RULE 18b. GROUNDS FOR RECUSAL AND DISQUALIFICATION OF JUDGES .... 11
RULE 18c. RECORDING AND BROADCASTING OF COURT PROCEEDINGS........ 14
RULE 19. NON-ADJOURNMENT OF TERM ..................................................................... 14
RULE 20. MINUTES READ AND SIGNED ......................................................................... 15
RULE 21. FILING AND SERVING PLEADINGS AND MOTIONS................................. 15
RULE 21a. METHODS OF SERVICE .................................................................................. 18
RULE 21b. SANCTIONS FOR FAILURE TO SERVE OR DELIVER COPY OF
PLEADINGS AND MOTIONS .............................................................................................. 20
RULE 21c. PRIVACY PROTECTION FOR FILED DOCUMENTS ................................ 20
RULE 21d. APPEARANCES AT COURT PROCEEDINGS .............................................. 21
RULE 22. COMMENCED BY PETITION ........................................................................... 23
RULE 23. SUITS TO BE NUMBERED CONSECUTIVELY ............................................. 23
RULE 24. DUTY OF CLERK ................................................................................................. 23
RULE 25. CLERK'S FILE DOCKET .................................................................................... 23
RULE 26. CLERK'S COURT DOCKET ............................................................................... 24
RULE 27. ORDER OF CASES ............................................................................................... 24
RULE 28. SUITS IN ASSUMED NAME ............................................................................... 24
RULE 29. SUIT ON CLAIM AGAINST DISSOLVED CORPORATION ........................ 24
RULE 30. PARTIES TO SUITS ............................................................................................. 24
RULE 31. SURETY NOT TO BE SUED ALONE ................................................................ 24
RULE 32. MAY HAVE QUESTION OF SURETYSHIP TRIED ....................................... 25
RULE 33. SUITS BY OR AGAINST COUNTIES ................................................................ 25
RULE 34. AGAINST SHERIFF, ETC. .................................................................................. 25
RULE 35. ON OFFICIAL BONDS ......................................................................................... 25
RULE 36. DIFFERENT OFFICIALS AND BONDSMEN .................................................. 25
RULE 37. ADDITIONAL PARTIES ...................................................................................... 26
RULE 38. THIRD-PARTY PRACTICE ................................................................................ 26
RULE 39. JOINDER OF PERSONS NEEDED FOR JUST ADJUDICATION ................ 26
RULE 40. PERMISSIVE JOINDER OF PARTIES ............................................................. 27
RULE 41. MISJOINDER OR NON-JOINDER OF PARTIES ........................................... 28
RULE 42. CLASS ACTIONS .................................................................................................. 28
RULE 43. INTERPLEADER .................................................................................................. 33
RULE 44. MAY APPEAR BY NEXT FRIEND .................................................................... 34
RULE 45. DEFINITION AND SYSTEM............................................................................... 34
RULE 46. PETITION AND ANSWER; EACH ONE INSTRUMENT OF WRITING .... 35
RULE 47. CLAIMS FOR RELIEF......................................................................................... 35
RULE 48. ALTERNATIVE CLAIMS FOR RELIEF .......................................................... 36
RULE 49. WHERE SEVERAL COUNTS ............................................................................. 36
RULE 50. PARAGRAPHS, SEPARATE STATEMENTS................................................... 36
RULE 51. JOINDER OF CLAIMS AND REMEDIES ........................................................ 37
RULE 52. ALLEGING A CORPORATION ......................................................................... 37
RULE 53. SPECIAL ACT OR LAW ...................................................................................... 37
RULE 54. CONDITIONS PRECEDENT............................................................................... 37
RULE 55. JUDGMENT ........................................................................................................... 38
RULE 56. SPECIAL DAMAGE ............................................................................................. 38
RULE 57. SIGNING OF PLEADINGS .................................................................................. 38
RULE 58. ADOPTION BY REFERENCE ............................................................................ 38
RULE 59. EXHIBITS AND PLEADING ............................................................................... 38
RULE 60. INTERVENOR'S PLEADINGS ........................................................................... 39
RULE 61. TRIAL: INTERVENORS: RULES APPLY TO ALL PARTIES ..................... 39
RULE 62. AMENDMENT DEFINED .................................................................................... 39
RULE 63. AMENDMENTS AND RESPONSIVE PLEADINGS ........................................ 39
RULE 64. AMENDED INSTRUMENT ................................................................................. 40
RULE 65. SUBSTITUTED INSTRUMENT TAKES PLACE OF ORIGINAL................. 40
RULE 66. TRIAL AMENDMENT ......................................................................................... 40
RULE 67. AMENDMENTS TO CONFORM TO ISSUES TRIED WITHOUT
OBJECTION ............................................................................................................................ 40
RULE 68. COURT MAY ORDER REPLEADER ................................................................ 40
RULE 69. SUPPLEMENTAL PETITION OR ANSWER ................................................... 41
RULE 70. PLEADING: SURPRISE: COST.......................................................................... 41
RULE 71. MISNOMER OF PLEADING .............................................................................. 41
RULE 74. FILING WITH THE COURT DEFINED............................................................ 41
RULE 75. FILED PLEADINGS; WITHDRAWAL.............................................................. 42
RULE 75a. FILING EXHIBITS: COURT REPORTER TO FILE WITH CLERK ......... 42
RULE 75b. FILED EXHIBITS: WITHDRAWAL ............................................................... 42
RULE 76. MAY INSPECT PAPERS...................................................................................... 42
RULE 76a. SEALING COURT RECORDS .......................................................................... 42
RULE 77. LOST RECORDS AND PAPERS......................................................................... 45
RULE 78. PETITION: ORIGINAL AND SUPPLEMENTAL; INDORSEMENT ........... 46
RULE 79. THE PETITION ..................................................................................................... 46
RULE 80. PLAINTIFF'S SUPPLEMENTAL PETITION................................................... 46
RULE 81. DEFENSIVE MATTERS ...................................................................................... 46
RULE 82. SPECIAL DEFENSES ........................................................................................... 46
RULE 83. ANSWER; ORIGINAL AND SUPPLEMENTAL; INDORSEMENT ............. 46
RULE 84. ANSWER MAY INCLUDE SEVERAL MATTERS .......................................... 47
RULE 85. ORIGINAL ANSWER; CONTENTS .................................................................. 47
RULE 86. MOTION TO TRANSFER VENUE..................................................................... 47
RULE 87. DETERMINATION OF MOTION TO TRANSFER ......................................... 48
RULE 88. DISCOVERY AND VENUE ................................................................................. 50
RULE 89. TRANSFERRED IF MOTION IS SUSTAINED ................................................ 51
RULE 90. WAIVER OF DEFECTS IN PLEADING............................................................ 51
RULE 91. SPECIAL EXCEPTIONS...................................................................................... 51
RULE 91a. DISMISSAL OF BASELESS CAUSES OF ACTION ...................................... 51
RULE 92. GENERAL DENIAL .............................................................................................. 53
RULE 93. CERTAIN PLEAS TO BE VERIFIED ................................................................ 54
RULE 94. AFFIRMATIVE DEFENSES ................................................................................ 56
RULE 95. PLEAS OF PAYMENT ......................................................................................... 56
RULE 96. NO DISCONTINUANCE ...................................................................................... 56
RULE 97. COUNTERCLAIM AND CROSS-CLAIM ......................................................... 56
RULE 98. SUPPLEMENTAL ANSWERS ............................................................................ 57
RULE 99. ISSUANCE AND FORM OF CITATION ........................................................... 58
RULE 103. WHO MAY SERVE ............................................................................................. 59
RULE 105. DUTY OF OFFICER OR PERSON RECEIVING ........................................... 59
RULE 106. METHOD OF SERVICE .................................................................................... 59
RULE 107. RETURN OF SERVICE ...................................................................................... 60
RULE 108. SERVICE IN ANOTHER STATE ..................................................................... 62
RULE 108a. SERVICE OF PROCESS IN FOREIGN COUNTRIES ................................ 62
RULE 109. CITATION BY PUBLICATION ........................................................................ 63
RULE 109a. OTHER SUBSTITUTED SERVICE ................................................................ 63
RULE 110. EFFECT OF RULES ON OTHER STATUTES ............................................... 64
RULE 111. CITATION BY PUBLICATION IN ACTION AGAINST UNKNOWN HEIRS
OR STOCKHOLDERS OF DEFUNCT CORPORATIONS .............................................. 64
RULE 112. PARTIES TO ACTIONS AGAINST UNKNOWN OWNERS OR
CLAIMANTS OF INTEREST IN LAND ............................................................................. 64
RULE 113. CITATION BY PUBLICATION IN ACTIONS AGAINST UNKNOWN
OWNERS OR CLAIMANTS OF INTEREST IN LAND.................................................... 65
RULE 114. CITATION BY PUBLICATION; REQUISITES ............................................. 65
RULE 115. FORM OF PUBLISHED CITATION IN ACTIONS INVOLVING LAND .. 66
RULE 116. SERVICE OF CITATION BY PUBLICATION............................................... 66
RULE 117. RETURN OF CITATION BY PUBLICATION................................................ 67
RULE 117a. CITATION IN SUITS FOR DELINQUENT AD VALOREM TAXES ....... 67
RULE 118. AMENDMENT ..................................................................................................... 73
RULE 119. ACCEPTANCE OF SERVICE ........................................................................... 73
RULE 119a. COPY OF DECREE .......................................................................................... 73
RULE 120. ENTERING APPEARANCE .............................................................................. 74
RULE 120a. SPECIAL APPEARANCE ................................................................................ 74
RULE 121. ANSWER IS APPEARANCE ............................................................................. 75
RULE 122. CONSTRUCTIVE APPEARANCE ................................................................... 75
RULE 123. REVERSAL OF JUDGMENT ............................................................................ 75
RULE 124. NO JUDGMENT WITHOUT SERVICE .......................................................... 75
RULE 125. PARTIES RESPONSIBLE.................................................................................. 75
RULE 126. FEE FOR SERVICE OF PROCESS IN A COUNTY OTHER THAN IN THE
COUNTY OF SUIT ................................................................................................................. 76
RULE 127. PARTIES LIABLE FOR OTHER COSTS........................................................ 76
RULE 129. HOW COSTS COLLECTED.............................................................................. 76
RULE 130. OFFICER TO LEVY ........................................................................................... 76
RULE 131. SUCCESSFUL PARTY TO RECOVER ........................................................... 76
RULE 133. COSTS OF MOTION .......................................................................................... 77
RULE 136. DEMAND REDUCED BY PAYMENTS ........................................................... 77
RULE 137. IN ASSAULT AND BATTERY, ETC. ............................................................... 77
RULE 138. COST OF NEW TRIALS .................................................................................... 77
RULE 139. ON APPEAL AND CERTIORARI .................................................................... 77
RULE 140. NO FEE FOR COPY ........................................................................................... 78
RULE 141. COURT MAY OTHERWISE ADJUDGE COSTS........................................... 78
RULE 142. SECURITY FOR COSTS .................................................................................... 78
RULE 143. RULE FOR COSTS ............................................................................................. 78
RULE 143a. COSTS ON APPEAL TO COUNTY COURT ................................................ 78
RULE 144. JUDGMENT ON COST BOND.......................................................................... 78
RULE 145. PAYMENT OF COSTS NOT REQUIRED ......................................................... 79
RULE 146. DEPOSIT FOR COSTS ....................................................................................... 82
RULE 147. APPLIES TO ANY PARTY ................................................................................ 82
RULE 148. SECURED BY OTHER BOND .......................................................................... 82
RULE 149. EXECUTION FOR COSTS ................................................................................ 82
RULE 150. DEATH OF PARTY ............................................................................................ 83
RULE 151. DEATH OF PLAINTIFF..................................................................................... 83
RULE 152. DEATH OF DEFENDANT ................................................................................. 83
RULE 153. WHEN EXECUTOR, ETC. DIES ...................................................................... 83
RULE 154. REQUISITES OF SCIRE FACIAS .................................................................... 83
RULE 155. SURVIVING PARTIES ....................................................................................... 83
RULE 156. DEATH AFTER VERDICT OR CLOSE OF EVIDENCE.............................. 84
RULE 158. SUIT FOR THE USE OF ANOTHER ............................................................... 84
RULE 159. SUIT FOR INJURIES RESULTING IN DEATH ............................................ 84
RULE 160. DISSOLUTION OF CORPORATION .............................................................. 84
RULE 161. WHERE SOME DEFENDANTS NOT SERVED ............................................. 84
RULE 162. DISMISSAL OR NON-SUIT .............................................................................. 85
RULE 163. DISMISSAL AS TO PARTIES SERVED, ETC. .............................................. 85
RULE 165. ABANDONMENT ................................................................................................ 85
RULE 165a. DISMISSAL FOR WANT OF PROSECUTION ............................................ 85
RULE 166. PRE-TRIAL CONFERENCE ............................................................................. 86
RULE 166a. SUMMARY JUDGMENT ................................................................................. 88
RULE 167. OFFER OF SETTLEMENT; AWARD OF LITIGATION COSTS ............... 93
RULE 168. PERMISSION TO APPEAL ............................................................................... 97
RULE 169. EXPEDITED ACTIONS ..................................................................................... 97
RULE 171. MASTER IN CHANCERY ............................................................................... 100
RULE 172. AUDIT ................................................................................................................. 100
RULE 173. GUARDIAN AD LITEM ................................................................................... 101
RULE 174. CONSOLIDATION; SEPARATE TRIALS .................................................... 104
RULE 175. ISSUE OF LAW AND DILATORY PLEAS ................................................... 104
RULE 176. SUBPOENAS ...................................................................................................... 104
RULE 180. REFUSAL TO TESTIFY .................................................................................. 108
RULE 181. PARTY AS WITNESS ....................................................................................... 108
RULE 183. INTERPRETERS ............................................................................................... 108
RULE 185. SUIT ON ACCOUNT ........................................................................................ 109
RULE 190. DISCOVERY LIMITATIONS ......................................................................... 109
RULE 191. MODIFYING DISCOVERY PROCEDURES AND LIMITATIONS;
CONFERENCE REQUIREMENT; SIGNING DISCLOSURES; DISCOVERY
REQUESTS, RESPONSES, AND OBJECTIONS; FILING REQUIREMENTS ........... 114
RULE 192. PERMISSIBLE DISCOVERY: FORMS AND SCOPE; WORK PRODUCT;
PROTECTIVE ORDERS; DEFINITIONS......................................................................... 117
RULE 193. WRITTEN DISCOVERY: RESPONSE; OBJECTION; ASSERTION OF
PRIVILEGE; SUPPLEMENTATION AND AMENDMENT; FAILURE TO TIMELY
RESPOND; PRESUMPTION OF AUTHENTICITY ....................................................... 123
RULE 194. REQUIRED DISCLOSURES IN SUITS NOT GOVERNED BY THE
FAMILY CODE ..................................................................................................................... 129
RULE 194a. REQUESTS FOR DISCLOSURE IN SUITS GOVERNED .......................... 132
BY THE FAMILY CODE ........................................................................................................ 134
RULE 195. DISCOVERY REGARDING TESTIFYING EXPERT WITNESSES IN SUITS
NOT GOVERNED BY THE FAMILY CODE ................................................................... 134
195a. DISCOVERY REGARDING TESTIFYING EXPERTS IN SUITS GOVERNED BY
THE FAMILY CODE ........................................................................................................... 138
RULE 196. REQUESTS FOR PRODUCTION AND INSPECTION TO PARTIES;
REQUESTS AND MOTIONS FOR ENTRY UPON PROPERTY .................................. 140
RULE 197. INTERROGATORIES TO PARTIES ............................................................. 144
RULE 198. REQUESTS FOR ADMISSIONS ..................................................................... 145
RULE 199. DEPOSITIONS UPON ORAL EXAMINATION ........................................... 146
RULE 200. DEPOSITIONS UPON WRITTEN QUESTIONS.......................................... 151
RULE 201. DISCOVERY IN OTHER STATES AND FOREIGN COUNTRIES FOR USE
IN TEXAS PROCEEDINGS; DISCOVERY IN TEXAS FOR USE IN PROCEEDINGS
IN OTHER STATES AND FOREIGN COUNTRIES ....................................................... 154
RULE 202. DEPOSITIONS BEFORE SUIT OR TO INVESTIGATE CLAIMS ........... 157
RULE 203. SIGNING, CERTIFICATION AND USE OF ORAL AND WRITTEN
DEPOSITIONS ...................................................................................................................... 160
RULE 204. PHYSICAL AND MENTAL EXAMINATION .............................................. 163
RULE 205. DISCOVERY FROM NON-PARTIES ............................................................ 163
RULE 215. ABUSE OF DISCOVERY; SANCTIONS ....................................................... 166
RULE 216. REQUEST FOR JURY TRIAL ........................................................................ 171
RULE 217. OATH OF INABILITY ..................................................................................... 171
RULE 218. JURY DOCKET ................................................................................................. 171
RULE 219. JURY TRIAL DAY ............................................................................................ 171
RULE 220. WITHDRAWING CAUSE FROM JURY DOCKET ..................................... 171
RULE 221. CHALLENGE TO THE ARRAY ..................................................................... 172
RULE 222. WHEN CHALLENGE IS SUSTAINED .......................................................... 172
RULE 223. JURY LIST IN CERTAIN COUNTIES .......................................................... 172
RULE 224. PREPARING JURY LIST ................................................................................ 172
RULE 225. SUMMONING TALESMAN ............................................................................ 173
RULE 226. OATH TO JURY PANEL ................................................................................. 173
RULE 226a. INSTRUCTIONS TO JURY PANEL AND JURY.......................................... 173
RULE 227. CHALLENGE TO JUROR ............................................................................... 183
RULE 228. "CHALLENGE FOR CAUSE" DEFINED ..................................................... 183
RULE 229. CHALLENGE FOR CAUSE ............................................................................ 183
RULE 230. CERTAIN QUESTIONS NOT TO BE ASKED.............................................. 183
RULE 231. NUMBER REDUCED BY CHALLENGES .................................................... 183
RULE 232. MAKING PEREMPTORY CHALLENGES .................................................. 183
RULE 233. NUMBER OF PEREMPTORY CHALLENGES ........................................... 184
RULE 234. LISTS RETURNED TO THE CLERK ............................................................ 184
RULE 235. IF JURY IS INCOMPLETE ............................................................................. 184
RULE 236. OATH TO JURY ................................................................................................ 184
RULE 237. APPEARANCE DAY ......................................................................................... 185
RULE 237a. CASES REMANDED FROM FEDERAL COURT ...................................... 185
RULE 238. CALL OF APPEARANCE DOCKET ............................................................. 185
RULE 239. JUDGMENT BY DEFAULT ............................................................................ 185
RULE 239a. NOTICE OF DEFAULT JUDGMENT .......................................................... 186
RULE 240. WHERE ONLY SOME ANSWER ................................................................... 186
RULE 241. ASSESSING DAMAGES ON LIQUIDATED DEMANDS ........................... 186
RULE 243. UNLIQUIDATED DEMANDS ......................................................................... 186
RULE 244. ON SERVICE BY PUBLICATION ................................................................. 187
RULE 245. ASSIGNMENT OF CASES FOR TRIAL........................................................ 187
RULE 246. CLERK TO GIVE NOTICE OF SETTINGS ................................................. 187
RULE 247. TRIED WHEN SET ........................................................................................... 187
RULE 248. JURY CASES ..................................................................................................... 188
RULE 249. CALL OF NON-JURY DOCKET .................................................................... 188
RULE 251. CONTINUANCE ................................................................................................ 188
RULE 252. APPLICATION FOR CONTINUANCE ......................................................... 188
RULE 253. ABSENCE OF COUNSEL AS GROUND FOR CONTINUANCE ............... 189
RULE 254. ATTENDANCE ON LEGISLATURE ............................................................. 189
RULE 255. CHANGE OF VENUE BY CONSENT ............................................................ 189
RULE 257. GRANTED ON MOTION ................................................................................. 190
RULE 258. SHALL BE GRANTED ..................................................................................... 190
RULE 259. TO WHAT COUNTY ........................................................................................ 190
RULE 261. TRANSCRIPT ON CHANGE .......................................................................... 191
RULE 262. TRIAL BY THE COURT .................................................................................. 191
RULE 263. AGREED CASE ................................................................................................. 191
RULE 264. VIDEOTAPE TRIAL......................................................................................... 191
RULE 265. ORDER OF PROCEEDINGS ON TRIAL BY JURY .................................... 192
RULE 266. OPEN AND CLOSE - ADMISSION ................................................................ 192
RULE 267. WITNESSES PLACED UNDER RULE .......................................................... 193
RULE 268. MOTION FOR INSTRUCTED VERDICT ..................................................... 193
RULE 269. ARGUMENT ...................................................................................................... 193
RULE 270. ADDITIONAL TESTIMONY........................................................................... 194
RULE 271. CHARGE TO THE JURY................................................................................. 194
RULE 272. REQUISITES...................................................................................................... 195
RULE 273. JURY SUBMISSIONS ....................................................................................... 195
RULE 274. OBJECTIONS AND REQUESTS .................................................................... 195
RULE 275. CHARGE READ BEFORE ARGUMENT ...................................................... 195
RULE 276. REFUSAL OR MODIFICATION .................................................................... 196
RULE 277. SUBMISSION TO THE JURY ......................................................................... 196
RULE 278. SUBMISSION OF QUESTIONS, DEFINITIONS, AND INSTRUCTIONS197
RULE 279. OMISSIONS FROM THE CHARGE .............................................................. 197
RULE 280. PRESIDING JUROR OF JURY ....................................................................... 198
RULE 281. PAPERS TAKEN TO JURY ROOM ............................................................... 198
RULE 282. JURY KEPT TOGETHER................................................................................ 198
RULE 283. DUTY OF OFFICER ATTENDING JURY .................................................... 198
RULE 284. JUDGE TO CAUTION JURY .......................................................................... 198
RULE 285. JURY MAY COMMUNICATE WITH COURT ............................................ 199
RULE 286. JURY MY RECEIVE FURTHER INSTRUCTIONS .................................... 199
RULE 287. DISAGREEMENT AS TO EVIDENCE .......................................................... 199
RULE 288. COURT OPEN FOR JURY .............................................................................. 199
RULE 289. DISCHARGE OF JURY.................................................................................... 200
RULE 290. DEFINITION AND SUBSTANCE ................................................................... 200
RULE 291. FORM OF VERDICT ........................................................................................ 200
RULE 292. VERDICT BY PORTION OF ORIGINAL JURY ......................................... 200
RULE 293. WHEN THE JURY AGREE ............................................................................. 201
RULE 294. POLLING THE JURY ...................................................................................... 201
RULE 295. CORRECTION OF VERDICT ........................................................................ 201
RULE 296. REQUESTS FOR FINDINGS OF FACTS AND CONCLUSIONS OF LAW
................................................................................................................................................. 202
RULE 297. TIME TO SEND FINDINGS OF FACT AND CONCLUSIONS OF LAW . 202
RULE 298. ADDITIONAL OR AMENDED FINDINGS OF FACT AND CONCLUSIONS
OF LAW ................................................................................................................................. 202
RULE 299. OMITTED FINDINGS ...................................................................................... 203
RULE 299a FINDINGS OF FACT TO BE SEPARATELY SENT AND NOT RECITED
IN A JUDGMENT ................................................................................................................. 203
RULE 300. COURT TO RENDER JUDGMENT ............................................................... 203
RULE 301. JUDGMENTS ..................................................................................................... 203
RULE 302. ON COUNTERCLAIM ..................................................................................... 204
RULE 303. ON COUNTERCLAIM FOR COSTS.............................................................. 204
RULE 304. JUDGMENT UPON RECORD ........................................................................ 204
RULE 305. PROPOSED JUDGMENT ................................................................................ 204
RULE 306. RECITATION OF JUDGMENT ...................................................................... 205
RULE 306a. PERIODS TO RUN FROM SIGNING OF JUDGMENT ............................ 205
RULE 306b. ADVICE OF RIGHT TO APPEAL IN ORDERS CERTIFYING A CHILD
TO STAND TRIAL AS AN ADULT ................................................................................... 206
RULE 306c. PREMATURELY FILED DOCUMENTS ..................................................... 206
RULE 307. EXCEPTIONS, ETC., TRANSCRIPT ............................................................. 207
RULE 308. COURT SHALL ENFORCE ITS DECREES ................................................. 207
RULE 308a. IN SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP ......... 207
RULE 308b. DETERMINING THE ENFORCEABILITY OF A JUDGMENT OR
ARBITRATION AWARD BASED ON FOREIGN LAW IN CERTAIN SUITS UNDER
THE FAMILY CODE ........................................................................................................... 208
RULE 309. IN FORECLOSURE PROCEEDINGS ............................................................ 209
RULE 310. WRIT OF POSSESSION................................................................................... 210
RULE 311. ON APPEAL FROM PROBATE COURT ...................................................... 210
RULE 312. ON APPEAL FROM JUSTICE COURT ........................................................ 210
RULE 313. AGAINST EXECUTORS, ETC........................................................................ 210
RULE 314. CONFESSION OF JUDGMENT...................................................................... 210
RULE 315. REMITTITUR .................................................................................................... 211
RULE 316. CORRECTION OF CLERICAL MISTAKES IN JUDGMENT RECORD 211
RULE 320. MOTION AND ACTION OF COURT THEREON ....................................... 211
RULE 321. FORM .................................................................................................................. 212
RULE 322. GENERALITY TO BE AVOIDED .................................................................. 212
RULE 324. PREREQUISITES OF APPEAL ...................................................................... 212
RULE 326. NOT MORE THAN TWO................................................................................. 213
RULE 327. FOR JURY MISCONDUCT ............................................................................. 213
RULE 329. MOTION FOR NEW TRIAL ON JUDGMENT FOLLOWING CITATION
BY PUBLICATION............................................................................................................... 213
RULE 329a. COUNTY COURT CASES ............................................................................. 214
RULE 329b. TIME FOR FILING MOTIONS .................................................................... 214
RULE 330. RULES OF PRACTICE AND PROCEDURE IN CERTAIN DISTRICT
COURTS ................................................................................................................................. 216
PART III - RULES OF PRACTICE IN THE BUSINESS COURT .................................... 218
RULE 352. THE BUSINESS COURT GENERALLY .......................................................... 218
RULE 353. FEES FOR BUSINESS COURT ACTIONS ...................................................... 218
RULE 354. ACTION ORIGINALLY FILED IN THE BUSINESS COURT ..................... 218
RULE 355. ACTION REMOVED TO THE BUSINESS COURT ...................................... 219
RULE 356. ACTION TRANSFERRED TO THE BUSINESS COURT ............................. 221
RULE 357. EFFECT OF DISMISSAL OF AN ACTION OR CLAIM ............................... 222
RULE 358. APPEARANCE AT BUSINESS COURT PROCEEDINGS ............................ 222
RULE 359. MAKING A RECORD ......................................................................................... 222
RULE 360. WRITTEN OPINIONS IN BUSINESS COURT ACTIONS ......................... 222
PART IV - RULES OF PRACTICE FOR THE SUPREME COURT ................................ 223
PART V - RULES OF PRACTICE IN JUSTICE COURTS................................................ 224
RULE 500. GENERAL RULES ............................................................................................ 224
RULE 501. CITATION AND SERVICE ............................................................................. 232
RULE 502. INSTITUTION OF SUIT .................................................................................. 237
RULE 503. DEFAULT JUDGMENT; PRE-TRIAL MATTERS; TRIAL ....................... 242
RULE 504. JURY ................................................................................................................... 245
RULE 505. JUDGMENT; NEW TRIAL.............................................................................. 246
RULE 506. APPEAL .............................................................................................................. 248
RULE 507. ADMINISTRATIVE RULES FOR JUDGES AND COURT PERSONNEL251
RULE 508. DEBT CLAIM CASES ...................................................................................... 252
RULE 509. REPAIR AND REMEDY CASES .................................................................... 255
RULE 510. EVICTION CASES .............................................................................................. 261
PART VI - RULES RELATING TO ANCILLARY PROCEEDINGS ............................... 288
RULE 592. APPLICATION FOR WRIT OF ATTACHMENT AND ORDER............... 288
RULE 592a. BOND FOR ATTACHMENT ......................................................................... 289
RULE 592b. FORM OF ATTACHMENT BOND .............................................................. 289
RULE 593. REQUISITES FOR WRIT ................................................................................ 290
RULE 594. FORM OF WRIT ............................................................................................... 290
RULE 595. SEVERAL WRITS ............................................................................................. 290
RULE 596. DELIVERY OF WRIT ...................................................................................... 290
RULE 597. DUTY OF OFFICER ......................................................................................... 290
RULE 598. LEVY, HOW MADE ......................................................................................... 291
RULE 598a. SERVICE OF WRIT ON DEFENDANT ....................................................... 291
RULE 599. DEFENDANT MAY REPLEVY ...................................................................... 291
RULE 600. SALE OF PERISHABLE PROPERTY ........................................................... 292
RULE 601. TO PROTECT INTERESTS ............................................................................ 292
RULE 602. BOND OF APPLICANT FOR SALE ............................................................... 292
RULE 603. PROCEDURE FOR SALE ................................................................................ 292
RULE 604. RETURN OF SALE ........................................................................................... 293
RULE 605. JUDGE MAY MAKE NECESSARY ORDERS.............................................. 293
RULE 606. RETURN OF WRIT .......................................................................................... 293
RULE 607. REPORT OF DISPOSITION OF PROPERTY .............................................. 293
RULE 608. DISSOLUTION OR MODIFICATION OF WRIT OF ATTACHMENT.... 293
RULE 609. AMENDMENT ................................................................................................... 294
RULE 610. APPLICATION FOR DISTRESS WARRANT AND ORDER ..................... 294
RULE 611. BOND FOR DISTRESS WARRANT............................................................... 295
RULE 612. REQUISITES FOR WARRANT ...................................................................... 295
RULE 613. SERVICE OF WARRANT ON DEFENDANT ............................................... 295
RULE 614. DEFENDANT MAY REPLEVY ...................................................................... 296
RULE 614a. DISSOLUTION OR MODIFICATION OF DISTRESS WARRANT ........ 297
RULE 615. SALE OF PERISHABLE PROPERTY ........................................................... 297
RULE 616. TO PROTECT INTERESTS ............................................................................ 297
RULE 617. PROCEDURE FOR SALE ................................................................................ 297
RULE 618. RETURN OF SALE ........................................................................................... 297
RULE 619. CITATION FOR DEFENDANT ...................................................................... 297
RULE 620. PETITION .......................................................................................................... 299
RULE 621. ENFORCEMENT OF JUDGMENT ................................................................ 299
RULE 621a. DISCOVERY AND ENFORCEMENT OF JUDGMENT ........................... 299
RULE 622. EXECUTION ...................................................................................................... 299
RULE 623. ON DEATH OF EXECUTOR........................................................................... 299
RULE 624. ON DEATH OF NOMINAL PLAINTIFF ....................................................... 300
RULE 625. ON MONEY OF DECEASED .......................................................................... 300
RULE 626. ON PROPERTY OF DECEASED.................................................................... 300
RULE 627. TIME FOR ISSUANCE ..................................................................................... 300
RULE 628. EXECUTION WITHIN THIRTY DAYS ........................................................ 300
RULE 629. REQUISITES OF EXECUTION ...................................................................... 301
RULE 630. EXECUTION ON JUDGMENT FOR MONEY ............................................. 301
RULE 631. EXECUTION FOR SALE OF PARTICULAR PROPERTY........................ 301
RULE 632. EXECUTION FOR DELIVERY OF CERTAIN PROPERTY ..................... 301
RULE 633. EXECUTION FOR POSSESSION OR VALUE OF PERSONAL PROPERTY
................................................................................................................................................. 301
RULE 634. EXECUTION SUPERSEDED .......................................................................... 302
RULE 635. STAY OF EXECUTION IN JUSTICE COURT ............................................. 302
RULE 636. INDORSEMENTS BY OFFICER .................................................................... 302
RULE 637. LEVY OF EXECUTION ................................................................................... 302
RULE 638. PROPERTY NOT TO BE DESIGNATED ...................................................... 303
RULE 639. LEVY ................................................................................................................... 303
RULE 640. LEVY ON STOCK RUNNING AT LARGE ................................................... 303
RULE 641. LEVY ON SHARES OF STOCK ..................................................................... 303
RULE 643. LEVY ON GOODS PLEDGED OR MORTGAGED ..................................... 303
RULE 644. MAY GIVE DELIVERY BOND....................................................................... 304
RULE 645. PROPERTY MAY BE SOLD BY DEFENDANT ........................................... 304
RULE 646. FORFEITED DELIVERY BOND .................................................................... 304
RULE 646a. SALE OF REAL PROPERTY ........................................................................ 304
RULE 647. NOTICE OF SALE OF REAL ESTATE ......................................................... 304
RULE 648. "COURTHOUSE DOOR" DEFINED ............................................................. 305
RULE 649. SALE OF PERSONAL PROPERTY ............................................................... 305
RULE 650. NOTICE OF SALE OF PERSONAL PROPERTY ........................................ 305
RULE 651. WHEN EXECUTION IS NOT SATISFIED.................................................... 305
RULE 652. PURCHASER FAILING TO COMPLY ......................................................... 306
RULE 653. RESALE OF PROPERTY ................................................................................ 306
RULE 654. RETURN OF EXECUTION ............................................................................. 306
RULE 655. RETURN OF EXECUTION BY MAIL ........................................................... 306
RULE 656. EXECUTION DOCKET ................................................................................... 306
RULE 657. JUDGMENT FINAL FOR GARNISHMENT................................................. 307
RULE 658. APPLICATION FOR WRIT OF GARNISHMENT AND ORDER ............. 307
RULE 658a. BOND FOR GARNISHMENT ....................................................................... 307
RULE 659. CASE DOCKETED ........................................................................................... 308
RULE 661. FORM OF WRIT ............................................................................................... 308
RULE 662. DELIVERY OF WRIT ...................................................................................... 309
RULE 663. EXECUTION AND RETURN OF WRIT........................................................ 309
RULE 663a. SERVICE OF WRIT AND OTHER DOCUMENTS ON DEFENDANT... 309
RULE 664. DEFENDANT MAY REPLEVY ...................................................................... 311
RULE 664a. DISSOLUTION OR MODIFICATION OF WRIT OF GARNISHMENT 312
RULE 665. ANSWER TO WRIT.......................................................................................... 312
RULE 666. GARNISHEE DISCHARGED .......................................................................... 313
RULE 667. JUDGMENT BY DEFAULT ............................................................................ 313
RULE 668. JUDGMENT WHEN GARNISHEE IS INDEBTED ...................................... 313
RULE 669. JUDGMENT FOR EFFECTS........................................................................... 313
RULE 670. REFUSAL TO DELIVER EFFECTS .............................................................. 314
RULE 672. SALE OF EFFECTS .......................................................................................... 314
RULE 673. MAY TRAVERSE ANSWER ........................................................................... 314
RULE 674. TRIAL OF ISSUE .............................................................................................. 314
RULE 675. DOCKET AND NOTICE .................................................................................. 314
RULE 676. ISSUE TRIED IN OTHER CASES .................................................................. 315
RULE 677. COSTS ................................................................................................................. 315
RULE 678. GARNISHEE DISCHARGED ON PROOF .................................................... 315
RULE 679. AMENDMENT ................................................................................................... 315
RULE 679a. TURNOVER UNDER CIVIL PRACTICE AND REMEDIES CODE § 31.002
................................................................................................................................................. 315
RULE 679b. PERSONAL PROPERTY EXEMPTIONS IN POST-JUDGMENT
PROCEEDINGS .................................................................................................................... 316
RULE 680. TEMPORARY RESTRAINING ORDER ....................................................... 318
RULE 681. TEMPORARY INJUNCTIONS: NOTICE ..................................................... 318
RULE 682. SWORN PETITION .......................................................................................... 318
RULE 683. FORM AND SCOPE OF INJUNCTION OR RESTRAINING ORDER ..... 318
RULE 684. APPLICANT'S BOND ....................................................................................... 319
RULE 685. FILING AND DOCKETING ............................................................................ 319
RULE 686. CITATION .......................................................................................................... 319
RULE 687. REQUISITES OF WRIT ................................................................................... 320
RULE 688. CLERK TO ISSUE WRIT ................................................................................ 320
RULE 689. SERVICE AND RETURN ................................................................................. 321
RULE 690. THE ANSWER ................................................................................................... 320
RULE 691. BOND ON DISSOLUTION............................................................................... 321
RULE 692. DISOBEDIENCE ............................................................................................... 321
RULE 693. PRINCIPLES OF EQUITY APPLICABLE.................................................... 322
RULE 693a. BOND IN DIVORCE CASE ........................................................................... 322
RULE 694. NO MANDAMUS WITHOUT NOTICE ......................................................... 322
RULE 695. NO RECEIVER OF IMMOVABLE PROPERTY APPOINTED WITHOUT
NOTICE.................................................................................................................................. 322
RULE 695a. BOND, AND BOND IN DIVORCE CASES .................................................. 322
RULE 696. APPLICATION FOR WRIT OF SEQUESTRATION AND ORDER ......... 323
RULE 697. PETITION .......................................................................................................... 323
RULE 698. BOND FOR SEQUESTRATION...................................................................... 323
RULE 699. REQUISITES OF WRIT ................................................................................... 324
RULE 700. AMENDMENT ................................................................................................... 324
RULE 700a. SERVICE OF WRIT ON DEFENDANT ....................................................... 324
RULE 701. DEFENDANT MAY REPLEVY ...................................................................... 325
RULE 702. BOND FOR PERSONAL PROPERTY ........................................................... 325
RULE 703. BOND FOR REAL ESTATE ............................................................................ 325
RULE 704. RETURN OF BOND AND ENTRY OF JUDGMENT ................................... 325
RULE 705. DEFENDANT MAY RETURN SEQUESTERED PROPERTY ................... 326
RULE 706. DISPOSITION OF THE PROPERTY BY OFFICER ................................... 326
RULE 707. EXECUTION ...................................................................................................... 326
RULE 708. PLAINTIFF MAY REPLEVY .......................................................................... 326
RULE 709. WHEN BOND FORFEITED ............................................................................ 327
RULE 710. SALE OF PERISHABLE GOODS ................................................................... 327
RULE 711. ORDER OF SALE FOR .................................................................................... 327
RULE 712. RETURN OF ORDER ....................................................................................... 328
RULE 712a. DISSOLUTION OR MODIFICATION OF WRIT OF SEQUESTRATION
................................................................................................................................................. 328
RULE 713. SALE ON DEBT NOT DUE.............................................................................. 328
RULE 714. PURCHASER'S BOND ..................................................................................... 328
RULE 715. RETURN OF BOND .......................................................................................... 329
RULE 716. RECOVERY ON BOND.................................................................................... 329
RULE 717. CLAIMANT MUST MAKE AFFIDAVIT....................................................... 329
RULE 718. PROPERTY DELIVERED TO CLAIMANT ................................................. 330
RULE 719. BOND .................................................................................................................. 330
RULE 720. RETURN OF BOND .......................................................................................... 330
RULE 721. OUT-COUNTY LEVY....................................................................................... 331
RULE 722. RETURN OF ORIGINAL WRIT ..................................................................... 331
RULE 723. DOCKETING CAUSE....................................................................................... 331
RULE 724. ISSUE MADE UP ............................................................................................... 331
RULE 725. JUDGMENT BY DEFAULT ............................................................................ 331
RULE 726. JUDGMENT OF NON-SUIT ............................................................................ 332
RULE 727. PROCEEDINGS ................................................................................................. 332
RULE 728. BURDEN OF PROOF........................................................................................ 332
RULE 729. COPY OF WRIT EVIDENCE .......................................................................... 332
RULE 730. FAILURE TO ESTABLISH TITLE ................................................................ 332
RULE 731. EXECUTION SHALL ISSUE........................................................................... 332
RULE 732. RETURN OF PROPERTY BY CLAIMANT .................................................. 333
RULE 733. CLAIM IS A RELEASE OF DAMAGES ........................................................ 333
RULE 734. LEVY ON OTHER PROPERTY ..................................................................... 333
PART VII - RULES RELATING TO SPECIAL PROCEEDINGS .................................... 333
RULE 735. FORECLOSURES REQUIRING A COURT ORDER .................................. 333
RULE 736. EXPEDITED ORDER PROCEEDING ........................................................... 334
RULE 756. PETITION .......................................................................................................... 340
RULE 757. CITATION AND SERVICE ............................................................................. 341
RULE 758. WHERE DEFENDANT IS UNKNOWN OR RESIDENCE IS UNKNOWN341
RULE 759. JUDGMENT WHERE DEFENDANT CITED BY PUBLICATION ........... 341
RULE 760. COURT SHALL DETERMINE, WHAT ......................................................... 341
RULE 761. APPOINTMENT OF COMMISSIONERS...................................................... 342
RULE 762. WRIT OF PARTITION..................................................................................... 342
RULE 763. SERVICE OF WRIT OF PARTITION ........................................................... 342
RULE 764. MAY APPOINT SURVEYOR .......................................................................... 342
RULE 765. RETURN OF WRIT .......................................................................................... 342
RULE 766. SHALL PROCEED TO PARTITION ............................................................. 342
RULE 767. MAY CAUSE SURVEY .................................................................................... 343
RULE 768. SHALL DIVIDE REAL ESTATE .................................................................... 343
RULE 770. PROPERTY INCAPABLE OF DIVISION ..................................................... 344
RULE 771. OBJECTIONS TO REPORT ............................................................................ 344
RULE 772. PROCEDURE ..................................................................................................... 344
RULE 773. VALUE ASCERTAINED .................................................................................. 344
RULE 774. DECREE OF COURT EXECUTED ................................................................ 344
RULE 775. PROPERTY SOLD ............................................................................................ 345
RULE 776. CONSTRUCTION ............................................................................................. 345
RULE 777. PLEADING AND PRACTICE ......................................................................... 345
RULE 778. COSTS ................................................................................................................. 345
RULE 779. JOINDER OF PARTIES ................................................................................... 345
RULE 780. CITATION TO ISSUE ...................................................................................... 346
RULE 781. PROCEEDING AS IN CIVIL CASES ............................................................. 346
RULE 782. REMEDY CUMULATIVE ............................................................................... 346
RULE 783. REQUISITES OF PETITION .......................................................................... 346
RULE 784. THE POSSESSOR SHALL BE DEFENDANT ............................................... 347
RULE 785. MAY JOIN AS DEFENDANTS, WHEN ......................................................... 347
RULE 786. WARRANTOR, ETC., MAY BE MADE A PARTY ...................................... 347
RULE 787. LANDLORD MAY BECOME DEFENDANT ................................................ 347
RULE 788. MAY FILE PLEA OF "NOT GUILTY" ONLY ............................................ 347
RULE 789. PROOF UNDER SUCH PLEA ......................................................................... 347
RULE 790. ANSWER TAKEN AS ADMITTING POSSESSION .................................... 348
RULE 791. MAY DEMAND ABSTRACT OF TITLE ....................................................... 348
RULE 792. TIME TO FILE ABSTRACT ........................................................................... 348
RULE 793. ABSTRACT SHALL STATE, WHAT ............................................................. 348
RULE 794. AMENDED ABSTRACT................................................................................... 348
RULE 795. RULES IN OTHER CASES OBSERVED ....................................................... 349
RULE 796. SURVEYOR APPOINTED, ETC. .................................................................... 349
RULE 797. SURVEY UNNECESSARY, WHEN ................................................................ 349
RULE 798. COMMON SOURCE OF TITLE ..................................................................... 349
RULE 799. JUDGMENT BY DEFAULT ............................................................................ 349
RULE 800. PROOF EX PARTE ........................................................................................... 350
RULE 801. WHEN DEFENDANT CLAIMS PART ONLY .............................................. 350
RULE 802. WHEN PLAINTIFF PROVES PART .............................................................. 350
RULE 803. MAY RECOVER A PART ................................................................................ 350
RULE 804. THE JUDGMENT .............................................................................................. 350
RULE 805. DAMAGES.......................................................................................................... 350
RULE 806. CLAIM FOR IMPROVEMENTS .................................................................... 351
RULE 807. JUDGMENT WHEN CLAIM FOR IMPROVEMENTS IS MADE ............. 351
RULE 808. THESE RULES SHALL NOT GOVERN, WHEN ......................................... 351
RULE 809. THESE RULES SHALL NOT GOVERN, WHEN ......................................... 351
RULE 810. REQUISITES OF PLEADINGS....................................................................... 351
RULE 811. SERVICE BY PUBLICATION IN ACTIONS UNDER SECTION 17.003,
CIVIL PRACTICE AND REMEDIES CODE ................................................................... 352
RULE 812. NO JUDGMENT BY DEFAULT ..................................................................... 352
RULE 813. SUIT TO EXTINGUISH LIEN......................................................................... 352
PART VIII - CLOSING RULES ............................................................................................. 352
RULE 814. EFFECTIVE DATE ........................................................................................... 352
RULE 815. SUBSTANTIVE RIGHTS UNAFFECTED ..................................................... 352
RULE 816. JURISDICTION AND VENUE UNAFFECTED ............................................ 353
RULE 818. REFERENCE TO FORMER STATUTES ...................................................... 353
RULE 819. PROCEDURE CONTINUED ........................................................................... 353
RULE 820. WORKERS' COMPENSATION LAW ........................................................... 353
RULE 821. PRIOR COURT RULES REPEALED............................................................. 353
RULE 822. TITLE .................................................................................................................. 354
PART I - GENERAL RULES
RULE 1. OBJECTIVE OF RULES
The proper objective of rules of civil procedure is to obtain a just, fair, equitable and impartial
adjudication of the rights of litigants under established principles of substantive law. To the end
that this objective may be attained with as great expedition and dispatch and at the least expense
both to the litigants and to the state as may be practicable, these rules shall be given a liberal
construction.
RULE 2. SCOPE OF RULES
These rules govern the procedure in the justice, county, district, and business courts of the State
of Texas in all actions of a civil nature, with such exceptions as may be hereinafter stated.
Notes and Comments
Comment to 2024 change: Rule 2 is revised to modernize the rule and clarify that the Texas
Rules of Civil Procedure govern the procedures in the business court.
RULE 3. CONSTRUCTION OF RULES
Unless otherwise expressly provided, the past, present or future tense shall each include the other;
the masculine, feminine, or neuter gender shall each include the other; and the singular and plural
number shall each include the other.
RULE 3a. LOCAL RULES, FORMS, AND STANDING ORDERS
(a)
General Rule. An administrative judicial region or a court governed by these rules may
promulgate local rules, forms, and standing orders that govern local practice.
(b)
Relationship with Other Authorities. Local rules, forms, and standing orders must not be
inconsistent with state or federal law or rules adopted by the Supreme Court of Texas. This
requirement extends to any time period provided by these rules. If adopted by a court, local
rules, forms, and standing orders must not be inconsistent with any rule of the
administrative judicial region in which the court is located.
(c)
Publication Required. To be effective, local rules, forms, and standing orders must be
published on the Office of Court Administration’s website.
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Notes and Comments
Comment to 1990 change: To make Texas Rules of Civil Procedure timetables mandatory
and to preclude use of unpublished local rules or other “standing” orders to local practices to
determine issues of substantive merit.
Comment to 2023 change: Rule 3a is amended to remove the requirement that the Supreme
Court of Texas approve local rules and to expressly address local forms and standing orders. The
amended rule provides that local rules, forms, and standing orders must not conflict with other
laws or rules and that they are not effective unless published on the Office of Court
Administration’s website. Section 74.093(b) of the Texas Government Code imposes additional
requirements for local rules.
RULE 4. COMPUTATION OF TIME
In computing any period of time prescribed or allowed by these rules, by order of court, or by any
applicable statute, the day of the act, event, or default after which the designated period of time
begins to run is not to be included. The last day of the period so computed is to be included, unless
it is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next
day which is not a Saturday, Sunday, or legal holiday. Saturdays, Sundays, and legal holidays shall
not be counted for any purpose in any time period of five days or less in these rules, except that
Saturdays, Sundays, and legal holidays shall be counted for purpose of the three-day periods in
Rules 21 and 21a, extending other periods by three days when service is made by mail.
Notes and Comments
Comment to 1990 change: Amended to omit counting Saturdays, Sundays and legal
holidays in all periods of less than five days with certain exceptions.
RULE 5. ENLARGEMENT OF TIME
When by these rules or by a notice given thereunder or by order of court an act is required or
allowed to be done at or within a specified time, the court for cause shown may, at any time in its
discretion (a) with or without motion or notice, order the period enlarged if application therefor is
made before the expiration of the period originally prescribed or as extended by a previous order;
or (b) upon motion permit the act to be done after the expiration of the specified period where good
cause is shown for the failure to act. The court may not enlarge the period for taking any action
under the rules relating to new trials except as stated in these rules. If any document is sent to the
proper clerk by first-class United States mail in an envelope or wrapper properly addressed and
stamped and is deposited in the mail on or before the last day for filing same, the same, if received
by the clerk not more than ten days tardily, shall be filed by the clerk and be deemed filed in time.
A legible postmark affixed by the United States Postal Service shall be prima facie evidence of the
date of mailing.
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Notes and Comments
Comment to 1990 change: To make the last date for mailing under Rule 5 coincide with
the last date for filing.
RULE 6. SUITS COMMENCED ON SUNDAY
No civil suit shall be commenced nor process issued or served on Sunday, except in cases of
injunction, attachment, garnishment, sequestration, or distress proceedings; provided that citation
by publication published on Sunday shall be valid.
RULE 7. MAY APPEAR BY ATTORNEY
Any party to a suit may appear and prosecute or defend his rights therein, either in person or by an
attorney of the court.
RULE 8. ATTORNEY IN CHARGE
On the occasion of a party's first appearance through counsel, the attorney whose signature first
appears on the initial pleadings for any party shall be the attorney in charge, unless another attorney
is specifically designated therein. Thereafter, until such designation is changed by written notice
to the court and all other parties in accordance with Rule 21a, said attorney in charge shall be
responsible for the suit as to such party. All communications from the court or other counsel with
respect to a suit shall be sent to the attorney in charge.
[RULE 8a. Suspended effective December 30, 2003]
RULE 9. NUMBER OF COUNSEL HEARD
Not more than two counsel on each side shall be heard on any question or on the trial, except in
important cases, and upon special leave of the court.
RULE 10. WITHDRAWAL OF ATTORNEY
An attorney may withdraw from representing a party only upon written motion for good cause
shown. If another attorney is to be substituted as attorney for the party, the motion shall state: the
name, address, telephone number, email address, telecopier number, if any, and State Bar of Texas
identification number of the substitute attorney; that the party approves the substitution; and that
the withdrawal is not sought for delay only. If another attorney is not to be substituted as attorney
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for the party, the motion shall state: that a copy of the motion has been delivered to the party; that
the party has been notified in writing of his right to object to the motion; whether the party consents
to the motion; the party's last known address, telephone number, and email address; and all pending
settings and deadlines. If the motion is granted, the withdrawing attorney shall immediately notify
the party in writing of any additional settings or deadlines of which the attorney has knowledge at
the time of the withdrawal and has not already notified the party. The Court may impose further
conditions upon granting leave to withdraw. Notice or delivery to a party shall be either made to
the party in person or mailed to the party's last known address by both certified and regular first
class mail. If the attorney in charge withdraws and another attorney remains or becomes
substituted, another attorney in charge must be designated of record with notice to all other parties
in accordance with Rule 21a.
Notes and Comments
Comment to 1988 change: The amendment repeals the present rule and makes provision
for withdrawal of counsel, setting forth the requirements for withdrawal and withdrawal with
substitution of counsel. The amendment also carries forward the requirements of amended Rule 8
regarding designation of attorney in charge.
Comment to 1990 change: The amendment repeals the present rule and clarifies the
requirements for withdrawal.
RULE 11. AGREEMENTS TO BE IN WRITING
Unless otherwise provided in these rules, no agreement between attorneys or parties touching any
suit pending will be enforced unless it be in writing, signed and filed with the papers as part of the
record, or unless it be made in open court and entered of record.
Notes and Comments
Comment to 1988 change: The amendment makes it clear that Rule 11 is subject to
modification by any other Rule of Civil Procedure.
RULE 12. ATTORNEY TO SHOW AUTHORITY
A party in a suit or proceeding pending in a court of this state may, by sworn written motion stating
that he believes the suit or proceeding is being prosecuted or defended without authority, cause the
attorney to be cited to appear before the court and show his authority to act. The notice of the
motion shall be served upon the challenged attorney at least ten days before the hearing on the
motion. At the hearing on the motion, the burden of proof shall be upon the challenged attorney to
show sufficient authority to prosecute or defend the suit on behalf of the other party. Upon his
failure to show such authority, the court shall refuse to permit the attorney to appear in the cause,
and shall strike the pleadings if no person who is authorized to prosecute or defend appears. The
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motion may be heard and determined at any time before the parties have announced ready for trial,
but the trial shall not be unnecessarily continued or delayed for the hearing.
RULE 13. EFFECT OF SIGNING PLEADINGS, MOTIONS AND OTHER PAPERS;
SANCTIONS
The signatures of attorneys or parties constitute a certificate by them that they have read the
pleading, motion, or other paper; that to the best of their knowledge, information, and belief formed
after reasonable inquiry the instrument is not groundless and brought in bad faith or groundless
and brought for the purpose of harassment. Attorneys or parties who shall bring a fictitious suit as
an experiment to get an opinion of the court, or who shall file any fictitious pleading in a cause for
such a purpose, or shall make statements in pleading which they know to be groundless and false,
for the purpose of securing a delay of the trial of the cause, shall be held guilty of a contempt. If a
pleading, motion or other paper is signed in violation of this rule, the court, upon motion or upon
its own initiative, after notice and hearing, shall impose an appropriate sanction available under
Rule 215-2b, upon the person who signed it, a represented party, or both. Courts shall presume
that pleadings, motions, and other papers are filed in good faith. No sanctions under this rule may
be imposed except for good cause, the particulars of which must be stated in the sanction order.
"Groundless" for purposes of this rule means no basis in law or fact and not warranted by good
faith argument for the extension, modification, or reversal of existing law. A general denial does
not constitute a violation of this rule. The amount requested for damages does not constitute a
violation of this rule.
Notes and Comments
Comment to 1990 change: To require notice and hearing before a court determines to
impose sanctions, to specify that any sanction imposed be appropriate, and to eliminate the 90-day
"grace" period provided in the former version of the rule.
RULE 14. AFFIDAVIT BY AGENT
Whenever it may be necessary or proper for any party to a civil suit or proceeding to make an
affidavit, it may be made by either the party or his agent or his attorney.
[RULE 14a. Repealed effective September 1, 1986]
RULE 14b. RETURN OR OTHER DISPOSITION OF EXHIBITS
The clerk of the court in which the exhibits are filed shall retain and dispose of the same as directed
by the Supreme Court.
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Supreme Court Order Relating to Retention and Disposition of Exhibits
In compliance with the provisions of Rule 14b, the Supreme Court hereby
directs that exhibits offered or admitted into evidence shall be retained and disposed
of by the clerk of the court in which the exhibits are filed upon the following basis.
This order shall apply only to: (1) those cases in which judgment has been rendered
on service of process by publication and in which no motion for new trial was filed
within two years after judgment was signed; and, (2) all other cases in which
judgment has been signed for one year and in which no appeal was perfected or in
which a perfected appeal was dismissed or concluded by a final judgement as to all
parties and the issuance of the appellate court's mandate such that the case is no
longer pending on appeal or in the trial court. The party who offered an exhibit may
withdraw it from the clerk’s office within thirty days of the later of (1) a case
becoming subject to this order, or (2) the effective date of this order. The clerk,
unless otherwise directed by the court, may dispose of any exhibits remaining after
such time period.
RULE 14c. DEPOSIT IN LIEU OF SURETY BOND
Wherever these rules provide for the filing of a surety bond, the party may in lieu of filing the bond
deposit cash or other negotiable obligation of the government of the United States of America or
any agency thereof, or with leave of court, deposit a negotiable obligation of any bank or savings
and loan association chartered by the government of the United States of America or any state
thereof that is insured by the government of the United States of America or any agency thereof,
in the amount fixed for the surety bond, conditioned in the same manner as would be a surety bond
for the protection of other parties. Any interest thereon shall constitute a part of the deposit.
PART II - RULES OF PRACTICE IN DISTRICT AND COUNTY COURTS
Section 1. General Rules
RULE 15. WRITS AND PROCESS
The style of all writs and process shall be “The State of Texas;” and unless otherwise specially
provided by law or these rules every such writ and process shall be directed to any sheriff or any
constable within the State of Texas, shall be made returnable on the Monday next after expiration
of twenty days from the date of service thereof, and shall be dated and attested by the clerk with
the seal of the court impressed thereon; and the date of issuance shall be noted thereon.
Page 6
RULE 16. SHALL ENDORSE ALL PROCESS
Every officer or authorized person shall endorse on all process and precepts coming to his hand
the day and hour on which he received them, the manner in which he executed them, and the time
and place the process was served and shall sign the returns officially.
Notes and Comments
Comment to 1988 change: Article 3926a, effective September 1, 1981, authorizes the
commissioner’s court of each county to set a “reasonable” fee for service of process; mileage is no
longer an authorized expense for serving process.
RULE 17. OFFICER TO EXECUTE PROCESS
Except where otherwise expressly provided by law or these rules, the officer receiving any process
to be executed shall not be entitled in any case to demand his fee for executing the same in advance
of such execution, but his fee shall be taxed and collected as other costs in the case.
RULE 18. WHEN JUDGE DIES DURING TERMS, RESIGNS OR IS DISABLED
If the judge dies, resigns, or becomes unable to hold court during the session of court duly
convened for the term, and the time provided by law for the holding of said court has not expired,
such death, resignation, or inability on the part of the judge shall not operate to adjourn said court
for the term, but such court shall be deemed to continue in session. If a successor to such judge
shall qualify and assume office during the term, or if a judge be transferred to said district from
some other judicial district, he may continue to hold said court for the term provided, and all
motions undisposed of shall be heard and determined by him, and statements of facts and bills of
exception shall be approved by him. If the time for holding such court expires before a successor
shall qualify, and before a judge can be transferred to said district from some other judicial district,
then all motions pending, including those for new trial, shall stand as continued in force until such
successor has qualified and assumed office, or a judge has been transferred to said district who can
hold said court, and thereupon such judge shall have power to act thereon at the succeeding term,
or on an earlier day in vacation, on notice to all parties to the motion, and such orders shall have
the same effect as if rendered in term time. The time for allowing statement of facts and bills of
exception from such orders shall date from the time the motion was decided.
RULE 18a. RECUSAL AND DISQUALIFICATION OF JUDGES
(a)
Motion; Form and Contents. A party in a case in any trial court other than a statutory
probate court or justice court may seek to recuse or disqualify a judge who is sitting in the
case by filing a motion with the clerk of the court in which the case is pending. The
motion:
Page 7
(b)
(1)
must be verified;
(2)
must assert one or more of the grounds listed in Rule 18b;
(3)
must not be based solely on the judge’s ruling in the case; and
(4)
must state with detail and particularity facts that:
(2)
(d)
are within the affiant’s personal knowledge, except that facts may be stated
on information and belief if the basis for that belief is specifically stated;
(B)
would be admissible in evidence; and
(C)
if proven, would be sufficient to justify recusal or disqualification.
Time for Filing Motion.
(1)
(c)
(A)
Motion to Recuse. A motion to recuse:
(A)
must be filed as soon as practicable after the movant knows of the ground
stated in the motion; and
(B)
must not be filed after the tenth day before the date set for trial or other
hearing unless, before that day, the movant neither knew nor reasonably
should have known:
(i)
that the judge whose recusal is sought would preside at the trial or
hearing; or
(ii)
that the ground stated in the motion existed.
Motion to Disqualify. A motion to disqualify should be filed as soon as practicable
after the movant knows of the ground stated in the motion.
Response to Motion.
(1)
By Another Party. Any other party in the case may, but need not, file a response
to the motion. Any response must be filed before the motion is heard.
(2)
By the Respondent Judge. The judge whose recusal or disqualification is sought
should not file a response to the motion.
Service of Motion or Response. A party who files a motion or response must serve a copy
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on every other party. The method of service must be the same as the method of filing. If
possible.
(e)
(f)
Duty of the Clerk.
(1)
Delivery of a Motion or Response. When a motion or response is filed, the clerk
of the court must immediately deliver a copy to the respondent judge and to the
presiding judge of the administrative judicial region in which the court is located
(“the regional presiding judge”).
(2)
Delivery of Order of Recusal or Referral. When a respondent judge signs and files
an order of recusal or referral, the clerk of the court must immediately deliver a
copy to the regional presiding judge.
Duties of the Respondent Judge; Failure to Comply.
(1)
(2)
(3)
(g)
Responding to the Motion. Regardless of whether the motion complies with this
rule, the respondent judge, within three business days after the motion is filed, must
either:
(A)
sign and file with the clerk an order of recusal or disqualification; or
(B)
sign and file with the clerk an order referring the motion to the regional
presiding judge.
Restrictions on Further Action.
(A)
Motion Filed Before Evidence Offered at Trial. If a motion is filed before
evidence has been offered at trial, the respondent judge must take no further
action in the case until the motion has been decided, except for good cause
stated in writing or on the record.
(B)
Motion Filed After Evidence Offered at Trial. If a motion is filed after
evidence has been offered at trial, the respondent judge may proceed,
subject to stay by the regional presiding judge.
Failure to Comply. If the respondent judge fails to comply with a duty imposed
by this rule, the movant may notify the regional presiding judge.
Duties of Regional Presiding Judge.
(1)
Motion. The regional presiding judge must rule on a referred motion or assign a
judge to rule. If a party files a motion to recuse or disqualify the regional presiding
judge, the regional presiding judge may still assign a judge to rule on the original,
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referred motion. Alternatively, the regional presiding judge may sign and file with
the clerk an order referring the second motion to the Chief Justice for consideration.
(2)
Order. The ruling must be by written order.
(3)
Summary Denial for Noncompliance.
Motion to Recuse. A motion to recuse that does not comply with this rule
may be denied without an oral hearing. The order must state the nature of
the noncompliance. Even if the motion is amended to correct the stated
noncompliance, the motion will count for purposes of determining whether
a tertiary recusal motion has been filed under the Civil Practice and
Remedies Code.
(B)
Motion to Disqualify. A motion to disqualify may not be denied on the
ground that it was not filed or served in compliance with this rule.
(4)
Interim Orders. The regional presiding judge or judge assigned to decide the
motion may issue interim or ancillary orders in the pending case as justice may
require.
(5)
Discovery. Except by order of the regional presiding judge or the judge assigned
to decide the motion, a subpoena or discovery request may not issue to the
respondent judge and may be disregarded unless accompanied by the order.
(6)
Hearing.
(7)
(h)
(A)
(A)
Time. The motion must be heard as soon as practicable and may be heard
immediately after it is referred to the regional presiding judge or an assigned
judge.
(B)
Notice. Notice of the hearing must be given to all parties in the case.
(C)
By Telephone. The hearing may be conducted by telephone on the record.
Documents submitted by facsimile or email, otherwise admissible under the
rules of evidence, may be considered.
Reassignment of Case if Motion Granted. If the motion is granted, the regional
presiding judge must transfer the case to another court or assign another judge to
the case.
Sanctions. After notice and hearing, the judge who hears the motion may order the party
or attorney who filed the motion, or both, to pay the reasonable attorney fees and expenses
incurred by other parties if the judge determines that the motion was:
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(1)
groundless and filed in bad faith or for the purpose of harassment, or
(2)
clearly brought for unnecessary delay and without sufficient cause.
(i)
Chief Justice. The Chief Justice of the Supreme Court of Texas may assign judges and
issue any orders permitted by this rule or pursuant to statute.
(j)
Appellate Review.
(1)
(2)
Order on Motion to Recuse.
(A)
Denying Motion. An order denying a motion to recuse may be reviewed
only for abuse of discretion on appeal from the final judgment.
(B)
Granting Motion. An order granting a motion to recuse is final and cannot
be reviewed by appeal, mandamus, or otherwise.
Order on Motion to Disqualify. An order granting or denying a motion to
disqualify may be reviewed by mandamus and may be appealed in accordance with
other law.
Notes and Comments
Comment to 2011 change: Rule 18a governs the procedure for recusing or disqualifying a
judge sitting in any trial court other than a statutory probate court, justice court, or municipal court.
Chapter 25 of the Government Code governs statutory probate courts, Rule 528 governs justice
courts, and Chapter 29 of the Government Code governs municipal courts. Under Rule 18a, a
judge’s rulings may not be the sole basis for a motion to rescue or disqualify the judge. But when
one of more sufficient other bases are raised, the judge hearing the motion may consider evidence
of rulings when considering whether to grant the motion. For purposes of this rule, the term
“rulings” is not meant to encompass a judge’s statements or remarks about a case.
The amendments to Rule 18b are not intended to be substantive.
RULE 18b. GROUNDS FOR RECUSAL AND DISQUALIFICATION OF JUDGES
(a)
Grounds for Disqualification. A judge must disqualify in any proceeding in which:
(1)
the judge has served as a lawyer in the matter in controversy, or a lawyer with
whom the judge previously practiced law served during such association as a
lawyer concerning the matter;
(2)
the judge knows that, individually or as a fiduciary, the judge has an interest in the
subject matter in controversy; or
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(3)
(b)
Grounds for Recusal. A judge must recuse in any proceeding in which:
(1)
the judge’s impartiality might reasonably be questioned;
(2)
the judge has a personal bias or prejudice concerning the subject matter or a party;
(3)
the judge has personal knowledge of disputed evidentiary facts concerning the
proceeding;
(4)
the judge or a lawyer with whom the judge previously practiced law has been a
material witness concerning the proceeding;
(5)
the judge participated as counsel, adviser, or material witness in the matter in
controversy, or expressed an opinion concerning the merits of it, while acting as an
attorney in government service;
(6)
the judge knows that the judge, individually or as a fiduciary, or the judge’s spouse
or minor child residing in the judge’s household, has a financial interest in the
subject matter in controversy or in a party to the proceeding, or any other interest
that could be substantially affected by the outcome of the proceeding;
(7)
the judge or the judge’s spouse, or a person within the third degree of relationship
to either of them, or the spouse of such a person:
(8)
(c)
either of the parties may be related to the judge by affinity or consanguinity within
the third degree.
(A)
is a party to the proceeding or an officer, director, or trustee of a party;
(B)
is known by the judge to have an interest that could be substantially affected
by the outcome of the proceeding; or
(C)
is to the judge’s knowledge likely to be a material witness in the proceeding.
the judge or the judge’s spouse, or a person within the first degree of relationship
to either of them, or the spouse of such a person, is acting as a lawyer in the
proceeding.
Financial Interests. A judge should inform himself or herself about personal and fiduciary
financial interests, and make a reasonable effort to inform himself or herself about the
personal financial interests of his or her spouse and minor children residing in the
household.
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(d)
Terminology and Standards. In this rule:
(1)
“proceeding” includes pretrial, trial, or other stages of litigation;
(2)
the degree of relationship is calculated according to the civil law system;
(3)
“fiduciary” includes such relationships as executor, administrator, trustee, and
guardian;
(4)
“financial interest” means ownership of a legal or equitable interest, however small,
or a relationship as director, adviser, or other active participant in the affairs of a
party, except that:
(A)
ownership in a mutual or common investment fund that holds securities is
not a “financial interest” in such securities unless the judge participates in
the management of the fund;
(B)
an office in an educational, religious, charitable, fraternal, or civic
organization is not a “financial interest” in securities held by the
organization;
(C)
the proprietary interest of a policyholder in a mutual insurance company, of
a depositor in a mutual savings association, or a similar proprietary interest,
is a “financial interest” in the organization only if the outcome of the
proceeding could substantially affect the value of the interest;
(D)
ownership of government securities is a “financial interest” in the issuer
only if the outcome of the proceeding could substantially affect the value of
the securities;
(E)
an interest as a taxpayer or utility ratepayer, or any similar interest, is not a
“financial interest” unless the outcome of the proceeding could substantially
affect the liability of the judge or a person related to him within the third
degree more than other judges.
(e)
Waiving a Ground for Recusal. The parties to a proceeding may waive any ground for
recusal after it is fully disclosed on the record.
(f)
Discovery and Divestiture. If a judge does not discover that the judge is recused under
subparagraphs (b)(6) or (b)(7)(B) until after the judge has devoted substantial time to the
matter, the judge is not required to recuse himself or herself if the judge or the person
related to the judge divests himself or herself of the interest that would otherwise require
recusal.
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Notes and Comments
Comment to 2011 Change: Rule 18a governs the procedure for recusing or disqualifying a
judge sitting in any trial court other than a statutory probate court, justice court, or municipal court.
Chapter 25 of the Government Code governs statutory probate courts, Rule 528 governs justice
courts, and Chapter 29 of the Government Code governs municipal courts. Under Rule 18a, a
judge’s rulings may not be the sole basis for a motion to recuse or disqualify the judge. But when
one or more sufficient other bases are raised, the judge hearing the motion may consider evidence
of rulings when considering whether to grant the motion. For purposes of this rule, the term
“rulings” is not meant to encompass a judge’s statements or remarks about a case.
The amendments to Rule 18b are not intended to be substantive.
Comment to 1990 change: The grounds for a judge’s mandatory recusal have been
expanded from those in prior Rule 18b(2).
RULE 18c. RECORDING AND BROADCASTING OF COURT PROCEEDINGS
A trial court may permit broadcasting, televising, recording, or photographing of proceedings in
the courtroom only in the following circumstances:
(a)
in accordance with guidelines promulgated by the Supreme Court for civil cases, or
(b)
when broadcasting, televising, recording, or photographing will not unduly distract
participants or impair the dignity of the proceedings and the parties have consented, and
consent to being depicted or recorded is obtained from each witness whose testimony will
be broadcast, televised, or photographed, or
(c)
the broadcasting, televising, recording, or photographing of investiture, or ceremonial
proceedings.
Notes and Comments
Comment to 1990 change: New rule. To provide for guidelines for broadcasting, televising,
recording, and photographing court proceedings.
RULE 19. NON-ADJOURNMENT OF TERM
Every term of court shall commence and convene by operation of law at the time fixed by statute
without any act, order, or formal opening by a judge or other official thereof, and shall continue to
be open at all times until and including the last day of the term unless sooner adjourned by the
judge thereof.
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RULE 20. MINUTES READ AND SIGNED
On the last day of the session, the minutes shall be read, corrected and signed in open court by the
judge. Each special judge shall sign the minutes of such proceedings as were had by him.
RULE 21. FILING AND SERVING PLEADINGS AND MOTIONS
(a)
Filing and Service Required. Every pleading, plea, motion, or application to the court for
an order, whether in the form of a motion, plea, or other form of request, unless presented
during a hearing or trial, must be filed with the clerk of the court in writing, must state the
grounds therefor, must set forth the relief or order sought, and at the same time a true copy
must be served on all other parties, and must be noted on the docket.
(b)
Service of Notice of Court Proceeding. An application to the court for an order and notice
of any court proceeding, as defined in Rule 21d(a), not presented during a court proceeding,
must be served upon all other parties not less than three days before the time specified for
the court proceeding, unless otherwise provided by these rules or shortened by the court.
Notice of any court proceeding must contain the information needed for participants, as
defined in Rule 21d(a), to participate in the proceeding, including the location of the
proceeding or instructions for joining the proceeding electronically, the court’s designated
contact information, and instructions for submitting evidence. A court must publish the
information needed for participants to participate in its proceedings.
(c)
Multiple Parties. If there is more than one other party represented by different attorneys,
one copy of each pleading must be served on each attorney in charge.
(d)
Certificate of Service. The party or attorney of record, must certify to the court
compliance with this rule in writing over signature on the filed pleading, plea, motion, or
application.
(e)
Additional Copies. After one copy is served on a party, that party may obtain another
copy of the same pleading upon tendering reasonable payment for copying and delivering.
(f)
Electronic Filing.
(1)
Requirement. Except in juvenile cases under Title 3 of the Family Code and
truancy cases under Title 3A of the Family Code, attorneys must electronically file
documents in courts where electronic filing has been mandated. Attorneys
practicing in courts where electronic filing is available but not mandated and
unrepresented parties may electronically file documents, but it is not required.
(2)
Email Address. The email address of an attorney or unrepresented party who
electronically files a document must be included on the document.
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(3)
Mechanism. Electronic filing must be done through the electronic filing manager
established by the Office of Court Administration and an electronic filing service
provider certified by the Office of Court Administration.
(4)
Exceptions.
(A)
Wills are not required to be filed electronically.
(B)
The following documents must not be filed electronically:
(C)
(5)
(i)
documents filed under seal or presented to the court in camera; and
(ii)
documents to which access is otherwise restricted by law or court
order.
For good cause, a court may permit a party to file other documents in paper
form in a particular case.
Timely Filing. Unless a document must be filed by a certain time of day, a
document is considered timely filed if it is electronically filed at any time before
midnight (in the court’s time zone) on the filing deadline. An electronically filed
document is deemed filed when transmitted to the filing party’s electronic filing
service provider, except:
(A)
if a document is transmitted on a Saturday, Sunday, or legal holiday, it is
deemed filed on the next day that is not a Saturday, Sunday, or legal holiday;
and
(B)
if a document requires a motion and an order allowing its filing, the
document is deemed filed on the date that the motion is granted.
(6)
Technical Failure. If a document is untimely due to a technical failure or a system
outage, the filing party may seek appropriate relief from the court. If the missed
deadline is one imposed by these rules, the filing party must be given a reasonable
extension of time to complete the filing.
(7)
Electronic Signatures. A document that is electronically served, filed, or issued by
a court or clerk is considered signed if the document includes:
(A)
a “/s/” and name typed in the space where the signature would otherwise
appear, unless the document is notarized or sworn; or
(B)
an electronic image or scanned image of the signature.
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(8)
Format. An electronically filed document must:
(A)
be in text-searchable portable document format (PDF);
(B)
be directly converted to PDF rather than scanned, if possible;
(C)
not be locked; and
(D)
otherwise comply with the Technology Standards set by the Judicial
Committee on Information Technology and approved by the Supreme
Court.
(9)
Paper Copies. Unless required by local rule, a party need not file a paper copy of
an electronically filed document.
(10)
Electronic Orders, Notices, and Other Documents From the Court.
(A)
Except as provided in (B), the clerk must send orders, notices, and other
documents to the parties electronically through an electronic filing system
approved by the Supreme Court. A court seal may be electronic.
(B)
The clerk need not send orders, notices, or other documents electronically:
(i)
when sealed or when access is otherwise restricted by law or court
order; or
(ii)
when an unrepresented party has not provided an e-mail address.
(11)
Non-Conforming Documents. The clerk may not refuse to file a document that
fails to conform with this rule. But the clerk may identify the error to be corrected
and state a deadline for the party to resubmit the document in a conforming format.
(12)
Original Wills. When a party electronically files an application to probate a
document as an original will, the original will must be filed with the clerk within
three business days after the application is filed.
(13)
Official Record. The clerk may designate an electronically filed document or a
scanned paper document as the official court record. The clerk is not required to
keep both paper and electronic versions of the same document unless otherwise
required by local rule. But the clerk must retain an original will filed for probate in
a numbered file folder.
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Notes and Comments
Comment to 2013 Change: Rule 21 is revised to incorporate rules for electronic filing, in
accordance with the Supreme Court’s order - Misc. Docket No. 12-9206, amended by Misc.
Docket Nos. 13-9092 and 13-9164 - mandating electronic filing in civil cases beginning on January
1, 2014. The mandate will be implemented according to the schedule in the order and will be
completed by July 1, 2016. The revisions reflect the fact that the mandate will only apply to a
subset of Texas courts until that date.
Comment to 1990 change: To require filing and service of all pleadings and motions on all
parties and to consolidate notice and service Rules 21, 72 and 73.
Comment to 2023 changes: Rule 21(b) is amended to clarify requirements for notices. Rule
21(f)(10) is amended to implement section 80.002(b) of the Government Code. Clerks are
encouraged to coordinate and work with other court staff to effectuate this rule. Nothing in Rule
21(f)(10) prohibits the court from sending orders, notices, and documents to parties by additional
methods and the clerk is strongly encouraged to use additional methods when a party is
unrepresented. If a party has not provided an e-mail address and consequently compliance with
Rule 21(f)(10) is impossible, then the clerk should use an alternative method to send orders,
notices, and documents to that party.
RULE 21a. METHODS OF SERVICE
(a)
Methods of Service. Every notice required by these rules, and every pleading, plea,
motion, or other form of request required to be served under Rule 21, other than the citation
to be served upon the filing of a cause of action and except as otherwise expressly provided
in these rules, may be served by delivering a copy to the party to be served, or the party's
duly authorized agent or attorney of record in the manner specified below:
(1)
Documents Filed Electronically. A document filed electronically under Rule 21
must be served electronically through the electronic filing manager if the email
address of the party or attorney to be served is on file with the electronic filing
manager. If the email address of the party or attorney to be served is not on file
with the electronic filing manager, the document may be served on that party or
attorney under subparagraph (2).
(2)
Documents Not Filed Electronically. A document not filed electronically may be
served in person, by mail, by commercial delivery service, by fax, by email, or by
such other manner as the court in its discretion may direct.
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(b)
When Complete.
(1)
Service by mail or commercial delivery service shall be complete upon deposit of
the document, postpaid and properly addressed, in the mail or with a commercial
delivery service.
(2)
Service by fax is complete on receipt. Service completed after 5:00 p.m. local time
of the recipient shall be deemed served on the following day.
(3)
Electronic service is complete on transmission of the document to the serving
party's electronic filing service provider. The electronic filing manager will send
confirmation of service to the serving party.
(c)
Time for Action After Service. Whenever a party has the right or is required to do some
act within a prescribed period after the service of a notice or other paper upon him and the
notice or paper is served upon him by mail, three days shall be added to the prescribed
period.
(d)
Who May Serve. Notice may be served by a party to the suit, an attorney of record, a
sheriff or constable, or by any other person competent to testify.
(e)
Proof of Service. The party or attorney of record shall certify to the court compliance with
this rule in writing over signature and on the filed instrument. A certificate by a party or an
attorney of record, or the return of the officer, or the affidavit of any other person showing
service of a notice shall be prima facie evidence of the fact of service. Nothing herein shall
preclude any party from offering proof that the document was not received, or, if service
was by mail, that the document was not received within three days from the date that it was
deposited in the mail, and upon so finding, the court may extend the time for taking the
action required of such party or grant such other relief as it deems just.
(f)
Procedures Cumulative. These provisions are cumulative of all other methods of service
prescribed by these rules.
Notes and Comments
Comment to 2013 Change: Rule 21a is revised to incorporate rules for electronic service
in accordance with the Supreme Court's order - Misc. Docket No. 12-9206, amended by Misc.
Docket Nos. 13-9092 and 13-9164 - mandating electronic filing in civil cases beginning on January
1, 2014.
Comment to 1990 change: To allow for service by current delivery means and
technologies.
2024 Comment: The Estates Code provides for other methods of service and citation, and
proof thereof, in estate and guardianship proceedings and governs those proceedings.
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RULE 21b. SANCTIONS FOR FAILURE TO SERVE OR DELIVER COPY OF
PLEADINGS AND MOTIONS
If any party fails to serve on or deliver to the other parties a copy of any pleading, plea, motion, or
other application to the court for an order in accordance with Rules 21 and 21a, the court may in
its discretion, after notice and hearing, impose an appropriate sanction available under Rule 2152b.
Notes and Comments
Comment to 1990 change: New rule. Repealed provisions of Rule 73, to the extent same
are to remain operative, are moved to this new Rule 21b to provide sanctions for the failure to
serve any filed documents on all parties.
[RULE 21c. Repealed effective September 1, 1986]
RULE 21c. PRIVACY PROTECTION FOR FILED DOCUMENTS
(a)
Sensitive Data Defined. Sensitive data consists of:
(1)
a driver's license number, passport number, social security number, tax
identification number, or similar government-issued personal identification
number;
(2)
a bank account number, credit card number, or other financial account number; and
(3)
a birth date, a home address, and the name of any person who was a minor when
the underlying suit was filed.
(b)
Filing of Documents Containing Sensitive Data Prohibited. Unless the inclusion of
sensitive data is specifically required by a statute, court rule, or administrative regulation,
an electronic or paper document, except for wills and documents filed under seal,
containing sensitive data may not be filed with a court unless the sensitive data is redacted.
(c)
Redaction of Sensitive Data; Retention Requirement. Sensitive data must be redacted by
using the letter “X” in place of each omitted digit or character or by removing the sensitive
data in a manner indicating that the data has been redacted. The filing party must retain
an unredacted version of the filed document during the pendency of the case and any related
appellate proceedings filed within six months of the date the judgment is signed.
(d)
Notice to Clerk. If a document must contain sensitive data, the filing party must notify
the clerk by:
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(1)
designating the document as containing sensitive data when the document is
electronically filed; or
(2)
if the document is not electronically filed, by including, on the upper left- hand
side of the first page, the phrase: “NOTICE: THIS DOCUMENT CONTAINS
SENSITIVE DATA.”
(e)
Non-Conforming Documents. The clerk may not refuse to file a document that contains
sensitive data in violation of this rule. But the clerk may identify the error to be corrected
and state a deadline for the party to resubmit a redacted, substitute document.
(f)
Restriction on Remote Access. Documents that contain sensitive data in violation of this
rule must not be posted on the Internet.
Notes and Comments
Comment to 2013 Change: Rule 21c is added to provide privacy protection for documents
filed in civil cases.
RULE 21d. APPEARANCES AT COURT PROCEEDINGS
(a)
(b)
Definitions.
(1)
“Court proceeding” means an appearance before the court, such as a hearing or trial.
(2)
“Participant” means any party, attorney, witness, court reporter, or juror who
participates in a court proceeding.
Participant Method of Appearance.
(1)
Unless the notice of court proceeding states otherwise, a person who participates in
a court proceeding does so by physical presence in the courtroom. Upon appropriate
notice by a party or the court, a court may allow or require a participant to appear
at a court proceeding by videoconference, teleconference, or other available
electronic means, except as otherwise provided in (2).
(2)
A court must not require:
(A)
a party or lawyer to appear electronically for a court proceeding in which
oral testimony is heard, absent good cause or the agreement of the parties;
or
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(B)
a lawyer, party, or juror to appear electronically for a jury trial, absent the
agreement of the parties.
(c)
Judge Method of Appearance; Location. A judge may appear at a court proceeding by
videoconference, teleconference, or other available electronic means. However, even if
appearing electronically, a judge must conduct the court proceeding from a location
required by law.
(d)
Objection. A party may object to any method of appearance, stating good cause for the
objection. The objection must be made within a reasonable time after the party receives
notice of the appearance. The court may, but is not required to, conduct a hearing on the
objection. Before proceeding by the objected-to method of appearance, the court must rule
on the objection and timely communicate the ruling to the parties in a written order or on
the record.
(e)
Factors. In determining good cause under this rule, the court should consider factors such
as:
(f)
(1)
case type;
(2)
court proceeding type;
(3)
the number of parties and witnesses;
(4)
the complexity of the legal and factual issues;
(5)
the type of evidence to be submitted, if any;
(6)
technological restrictions such as lack of access to or proficiency in necessary
technology;
(7)
travel restrictions such as lack of transportation, distance, or inability to take off
work;
(8)
whether a method of appearance is best suited to provide necessary language access
services for a person with limited English proficiency or accommodations for a
person with a disability; and
(9)
any previous abuse of a method of appearance.
Open Courts. If a court conducts a court proceeding in which all participants appear
electronically, the court must:
(1)
provide reasonable notice to the public of how to observe the court proceeding; and
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(2)
provide the public the opportunity to observe the court proceeding, unless the court
has determined that it must close the court proceeding to protect an overriding
interest, considered all less-restrictive alternatives to closure, and made findings on
the record adequate to support closure.
Notes and Comments
Comment to 2023 change: New Rule 21d clarifies procedures for appearances at court
proceedings. Paragraph (a) defines “court proceeding” and “participant.” Paragraph (b) governs a
participant’s method of appearance. Certain statutes expressly prohibit or further permit electronic
appearances, in which case the governing statute applies. Paragraph (c) provides that the judge
may appear by electronic means, but it requires the judge to appear electronically from a location
required by law. See, e.g., TEX. CONST. art. V, § 7(d); TEX. GOV’T CODE §§ 24.030(a), 26.002(c).
Nothing in paragraph (c) permits the judge to conduct a proceeding away from a location required
by law. Paragraph (d) addresses objections to any method of appearance, and paragraph (e)
addresses good-cause factors. Paragraph (f) recognizes the public’s right to reasonable notice of
and access to a fully electronic proceeding unless there is an overriding interest. A court should
rarely close a court proceeding from public observation, and in such an exceptional case, the court
must use the least restrictive measure to protect the overriding interest.
SECTION 2.
INSTITUTION OF SUIT
RULE 22. COMMENCED BY PETITION
A civil suit in the district or county court shall be commenced by a petition filed in the office of
the clerk.
RULE 23. SUITS TO BE NUMBERED CONSECUTIVELY
It shall be the duty of the clerk to designate the suits by regular consecutive numbers, called file
numbers, and he shall mark on each paper in every case the file number of the cause.
RULE 24. DUTY OF CLERK
When a petition is filed with the clerk he shall indorse thereon the file number, the day on which
it was filed and the time of filing, and sign his name officially thereto.
RULE 25. CLERK'S FILE DOCKET
Each clerk shall keep a file docket which shall show in convenient form the number of the suit,
the names of the attorneys, the names of the parties to the suit, and the nature thereof, and, in brief
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form, the officer's return on the process, and all subsequent proceedings had in the case with the
dates thereof.
RULE 26. CLERK'S COURT DOCKET
Each clerk shall also keep a court docket in a permanent record that shall include the number of
the case and the names of the parties, the names of the attorneys, the nature of the action, the pleas,
the motions, and the ruling of the court as made.
RULE 27. ORDER OF CASES
The cases shall be placed on the docket as they are filed.
SECTION 3.
PARTIES TO SUITS
RULE 28. SUITS IN ASSUMED NAME
Any partnership, unincorporated association, private corporation, or individual doing business
under an assumed name may sue or be sued in its partnership, assumed or common name for the
purpose of enforcing for or against it a substantive right, but on a motion by any party or on the
court's own motion the true name may be substituted.
RULE 29. SUIT ON CLAIM AGAINST DISSOLVED CORPORATION
When no receiver has been appointed for a corporation which has dissolved, suit may be instituted
on any claim against said corporation as though the same had not been dissolved, and service of
process may be obtained on the president, directors, general manager, trustee, assignee, or other
person in charge of the affairs of the corporation at the time it was dissolved, and judgment may
be rendered as though the corporation had not been dissolved.
RULE 30. PARTIES TO SUITS
Assignors, endorsers and other parties not primarily liable upon any instruments named in the
chapter of the Business and Commerce Code, dealing with commercial paper, may be jointly sued
with their principal obligors, or may be sued alone in the cases provided for by statute.
RULE 31. SURETY NOT TO BE SUED ALONE
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No surety shall be sued unless his principal is joined with him, or unless a judgment has previously
been rendered against his principal, except in cases otherwise provided for in the law and these
rules.
RULE 32. MAY HAVE QUESTION OF SURETYSHIP TRIED
When any suit is brought against two or more defendants upon any contract, any one or more of
the defendants being surety for the other, the surety may cause the question of suretyship to be
tried and determined upon the issue made for the parties defendant at the trial of the cause, or at
any time before or after the trial or at a subsequent term. Such proceedings shall not delay the suit
of the plaintiff.
RULE 33. SUITS BY OR AGAINST COUNTIES
Suits by or against a county or incorporated city, town or village shall be in its corporate name.
RULE 34. AGAINST SHERIFF, ETC.
Whenever a sheriff, constable, or a deputy or either has been sued for damages for any act done in
his official character, and has taken an indemnifying bond for the acts upon which the suit is based,
he may make the principal and surety on such bond parties defendant in such suit, and the cause
may be continued to obtain service on such parties.
RULE 35. ON OFFICIAL BONDS
In suits brought by the State or any county, city, independent school district, irrigation district, or
other political subdivision of the State, against any officer who has held an office for more than
one term, or against any depository which has been such depository for more than one term, or has
given more than one official bond, the sureties on each and all such bonds may be joined as
defendants in the same suit whenever it is difficult to determine when the default sued for occurred
and which set of sureties on such bonds is liable therefor.
RULE 36. DIFFERENT OFFICIALS AND BONDSMEN
In suits by the State upon the official bond of a State officer, any subordinate officer who has given
bond, payable either to the State or such superior officer, to cover all or part of the default sued
for, together with the sureties on his official bond, may be joined as defendants with such superior
officer and his bondsmen whenever it is alleged in the petition that both of such officers are liable
for the money sued for.
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RULE 37. ADDITIONAL PARTIES
Before a case is called for trial, additional parties necessary or proper parties to the suit, may be
brought in, either by the plaintiff or the defendant, upon such terms as the court may prescribe; but
not at a time nor in a manner to unreasonably delay the trial of the case.
RULE 38. THIRD-PARTY PRACTICE
(a)
When Defendant May Bring in Third Party. At any time after commencement of the
action a defending party, as a third-party plaintiff, may cause a citation and petition to be
served upon a person not a party to the action who is or may be liable to him or to the
plaintiff for all or part of the plaintiff's claim against him. The third-party plaintiff need not
obtain leave to make the service if he files the third-party petition not later than thirty (30)
days after he serves his original answer. Otherwise, he must obtain leave on motion upon
notice to all parties to the action. The person served, hereinafter called the third-party
defendant, shall make his defenses to the third-party plaintiff's claim under the rules
applicable to the defendant, and his counterclaims against the third-party plaintiff and
cross-claims against other third-party defendants as provided in Rule 97. The third-party
defendant may assert against the plaintiff any defenses which the third-party plaintiff has
to the plaintiff's claim. The third-party defendant may also assert any claim against the
plaintiff arising out of the transaction or occurrence that is the subject matter of the
plaintiff's claim against the third-party plaintiff. The plaintiff may assert any claim against
the third-party defendant arising out of the transaction or occurrence that is the subject
matter of the plaintiff's claim against the third-party plaintiff, and the third-party defendant
thereupon shall assert his defenses and his counterclaims and cross-claims. Any party may
move to strike the third-party claim, or for its severance or separate trial. A third-party
defendant may proceed under this rule against any person not a party to the action who is
or who may be liable to him or to the third-party plaintiff for all or part of the claim made
in the action against the third-party defendant.
(b)
When Plaintiff May Bring in Third Party. When a counterclaim is asserted against a
plaintiff, he may cause a third party to be brought in under circumstances which under this
rule would entitle a defendant to do so.
(c)
This rule shall not be applied, in tort cases, so as to permit the joinder of a liability or
indemnity insurance company, unless such company is by statute or contract liable to the
person injured or damaged.
(d)
This rule shall not be applied so as to violate any venue statute, as venue would exist absent
this rule.
RULE 39. JOINDER OF PERSONS NEEDED FOR JUST ADJUDICATION
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(a)
Persons to Be Joined If Feasible. A person who is subject to service of process shall be
joined as a party in the action if
(1)
in his absence complete relief cannot be accorded among those already parties, or
(2)
he claims an interest relating to the subject of the action and is so situated that the
disposition of the action in his absence may
(i)
as a practical matter impair or impede his ability to protect that interest or
(ii)
leave any of the persons already parties subject to a substantial risk of
incurring double, multiple, or otherwise inconsistent obligations by reason
of his claimed interest. If he has not been so joined, the court shall order
that he be made a party. If he should join as a plaintiff but refuses to do so,
he may be made a defendant, or, in a proper case, an involuntary plaintiff.
(b)
Determination by Court Whenever Joinder Not Feasible. If a person as described in
subdivision (a)(1)-(2) hereof cannot be made a party, the court shall determine whether in
equity and good conscience the action should proceed among the parties before it, or should
be dismissed, the absent person being thus regarded as indispensable. The factors to be
considered by the court include: first, to what extent a judgment rendered in the person's
absence might be prejudicial to him or those already parties; second, the extent to which,
by protective provisions in the judgment, by the shaping of relief, or other measures, the
prejudice can be lessened or avoided; third, whether a judgment rendered in the person's
absence will be adequate; fourth, whether the plaintiff will have an adequate remedy if the
action is dismissed for non-joinder.
(c)
Pleading Reasons for Nonjoinder. A pleading asserting a claim for relief shall state the
names, if known to the pleader, of any persons as described in subdivision (a)(1)-(2) hereof
who are not joined, and the reasons why they are not joined.
(d)
Exception of Class Actions. This rule is subject to the provisions of Rule 42.
RULE 40. PERMISSIVE JOINDER OF PARTIES
(a)
Permissive Joinder. All persons may join in one action as plaintiffs if they assert any
right to relief jointly, severally, or in the alternative in respect of or arising out of the same
transaction, occurrence, or series of transactions or occurrences and if any question of law
or fact common to all of them will arise in the action. All persons may be joined in one
action as defendants if there is asserted against them jointly, severally, or in the alternative
any right to relief in respect of or arising out of the same transaction, occurrence, or series
of transactions or occurrences and if any question of law or fact common to all of them
will arise in the action. A plaintiff or defendant need not be interested in obtaining or
defending against all the relief demanded. Judgment may be given for one or more of the
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plaintiffs according to their respective rights to relief, and against one or more defendants
according to their respective liabilities.
(b)
Separate Trials. The court may make such orders as will prevent a party from being
embarrassed, delayed, or put to expense by the inclusion of a party against whom he asserts
no claim and who asserts no claim against him, and may order separate trials or make other
orders to prevent delay or prejudice.
RULE 41. MISJOINDER OR NON-JOINDER OF PARTIES
Misjoinder of parties is not ground for dismissal of an action. Parties may be dropped or added, or
suits filed separately may be consolidated, or actions which have been improperly joined may be
severed and each ground of recovery improperly joined may be docketed as a separate suit between
the same parties, by order of the court on motion of any party or on its own initiative at any stage
of the action, before the time of submission to the jury or to the court if trial is without a jury, on
such terms as are just. Any claim against a party may be severed and proceeded with separately.
RULE 42. CLASS ACTIONS
(a)
(b)
Prerequisites to a Class Action. One or more members of a class may sue or be sued as
representative parties on behalf of all only if
(1)
the class is so numerous that joinder of all members is impracticable,
(2)
there are questions of law or fact common to the class,
(3)
the claims or defenses of the representative parties are typical of the claims or
defenses of the class, and
(4)
the representative parties will fairly and adequately protect the interests of the class.
Class Actions Maintainable. An action may be maintained as a class action if the
prerequisites of subdivision (a) are satisfied, and in addition:
(1)
the prosecution of separate actions by or against individual members of the class
would create a risk of
(A)
inconsistent or varying adjudications with respect to individual members of
the class which would establish incompatible standards of conduct for the
party opposing the class, or
(B)
adjudications with respect to individual members of the class which would
as a practical matter be dispositive of the interests of the other members not
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parties to the adjudications or substantially impair or impede their ability to
protect their interests; or
(c)
(2)
the party opposing the class has acted or refused to act on grounds generally
applicable to the class, thereby making appropriate final injunctive relief or
corresponding declaratory relief with respect to the class as a whole; or
(3)
the questions of law or fact common to the members of the class predominate over
any questions affecting only individual members, and a class action is superior to
other available methods for the fair and efficient adjudication of the controversy.
The matters pertinent to these issues include:
(A)
the interest of members of the class in individually controlling the
prosecution or defense of separate actions;
(B)
the extent and nature of any litigation concerning the controversy already
commenced by or against members of the class;
(C)
the desirability or undesirability of concentrating the litigation of the claims
in the particular forum;
(D)
the difficulties likely to be encountered in the management of a class action
Determination by Order Whether to Certify a Class Action; Notice and Membership
in Class.
(1)
(A)
When a person sues or is sued as a representative of a class, the court must
-- at an early practicable time -- determine by order whether to certify the
action as a class action.
(B)
An order certifying a class action must define the class and the class claims,
issues, or defenses, and must appoint class counsel under Rule 42 (g).
(C)
An order under Rule 42 (c)(1) may be altered or amended before final
judgment. The court may order the naming of additional parties in order to
insure the adequacy of representation.
(D)
An order granting or denying certification under Rule 42(b)(3) must state:
(i)
the elements of each claim or defense asserted in the pleadings;
(ii)
any issues of law or fact common to the class members;
(iii)
any issues of law or fact affecting only individual class members;
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(iv)
the issues that will be the object of most of the efforts of the litigants
and the court;
(v)
other available methods of adjudication that exist for the
controversy;
(vi)
why the issues common to the members of the class do or do not
predominate over individual issues;
(vii)
why a class action is or is not superior to other available methods
for the fair and efficient adjudication of the controversy; and
(viii) if a class is certified, how the class claims and any issues affecting
only individual members, raised by the claims or defenses asserted
in the pleadings, will be tried in a manageable, time efficient
manner.
(2)
(3)
(A)
For any class certified under Rule 42(b)(1) or (2), the court may direct
appropriate notice to the class. For any class certified under Rule 42(b)(3),
the court must direct to class members the best notice practicable under the
circumstances including individual notice to all members who can be
identified through reasonable effort. The notice must concisely and clearly
state in plain, easily understood language:
(i)
the nature of the action;
(ii)
the definition of the class certified;
(iii)
the class claims, issues, or defenses;
(iv)
that a class member may enter an appearance through counsel if the
member so desires;
(v)
that the court will exclude from the class any member who requests
exclusion, stating when and how members may elect to be excluded;
and
(vi)
the binding effect of a class judgment on class members under Rule
42 (c)(3).
The judgment in an action maintained as a class action under subdivisions (b)(1) or
(b)(2), whether or not favorable to the class, shall include and describe those whom
the court finds to be members of the class. The judgment in an action maintained
as a class action under subdivision (b)(3), whether or not favorable to the class,
shall include and specify or describe those to whom the notice provided in
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subdivision (c)(2) was directed, and who have not requested exclusion, and whom
the court finds to be members of the class.
(d)
(e)
Actions Conducted Partially as Class Actions; Multiple Classes and Subclasses.
When appropriate
(1)
an action may be brought or maintained as a class action with respect to particular
issues, or
(2)
a class may be divided into subclasses and each subclass treated as a class, and the
provisions of this rule shall then be construed and applied accordingly.
Settlement, Dismissal or Compromise.
(1)
(g)
(A)
The court must approve any settlement, dismissal, or compromise of the
claims, issues, or defenses of a certified class.
(B)
Notice of the material terms of the proposed settlement, dismissal or
compromise, together with an explanation of when and how the members
may elect to be excluded from the class, shall be given to all members in
such manner as the court directs.
(C)
The court may approve a settlement, dismissal, or compromise that would
bind class members only after a hearing and on finding that the settlement,
dismissal, or compromise is fair, reasonable, and adequate.
(2)
The parties seeking approval of a settlement, dismissal, or compromise under Rule
42(e)(1) must file a statement identifying any agreement made in connection with
the proposed settlement, dismissal, or compromise.
(3)
In an action previously certified as a class action under Rule 42(b)(3), the court may
not approve a settlement unless it affords a new opportunity to request exclusion to
individual class members who had an earlier opportunity to request exclusion but
did not do so.
(4)
(A)
Any class member may object to a proposed settlement, dismissal, or
compromise that requires court approval under Rule 42(e)(1)(A).
(B)
An objection made under Rule 42(e)(4)(A) may be withdrawn only with the
court's approval.(f) Discovery. Unnamed members of a class action are not
to be considered as parties for purposes of discovery.
Class Counsel.
(1)
Appointing Class Counsel.
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(2)
(A)
Unless a statute provides otherwise, a court that certifies a class must
appoint class counsel.
(B)
An attorney appointed to serve as class counsel must fairly and adequately
represent the interests of the class.
(C)
In appointing class counsel, the court
(i)
must consider:-- the work counsel has done in identifying or
investigating potential claims in the action;-- counsel's experience
in handling class actions, other complex litigation, and claims of the
type asserted in the action;-- counsel's knowledge of the applicable
law; and-- the resources counsel will commit to representing the
class;
(ii)
may consider any other matter pertinent to counsel's ability to fairly
and adequately represent the interests of the class;
(iii)
may direct potential class counsel to provide information on any
subject pertinent to the appointment and to propose terms for
attorney fees and nontaxable costs; and
(iv)
may make further orders in connection with the appointment.
Appointment Procedure.
(A)
The court may designate interim counsel to act on behalf of the putative
class before determining whether to certify the action as a class action.
(B)
When there is one applicant for appointment as class counsel, the court may
appoint that applicant only if the applicant is adequate under Rule
42(g)(1)(B) and (C). If more than one adequate applicant seeks appointment
as class counsel, the court must appoint the applicant or applicants best able
to represent the interests of the class.
(C)
The order appointing class counsel may include provisions about the award
of attorney fees or nontaxable costs under Rule 42(h) and (i).(h) Procedure
for determining Attorney Fees Award. In an action certified as a class
action, the court may award attorney fees in accordance with subdivision (i)
and nontaxable costs authorized by law or by agreement of the parties as
follows:
(1)
Motion for Award of Attorney Fees. A claim for an award of
attorney fees and nontaxable costs must be made by motion, subject
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to the provisions of this subdivision, at a time set by the court. Notice
of the motion must be served on all parties and, for motions by class
counsel, directed to class members in a reasonable manner.
(i)
(j)
(2)
Objections to Motion. A class member, or a party from whom
payment is sought, may object to the motion.
(3)
Hearing and Findings. The court must hold a hearing in open court
and must find the facts and state its conclusions of law on the
motion. The court must state its findings and conclusions in writing
or orally on the record.
Attorney's Fees Award.
(1)
In awarding attorney fees, the court must first determine a lodestar figure by
multiplying the number of hours reasonably worked times a reasonable hourly rate.
The attorney fees award must be in the range of 25% to 400% of the lodestar figure.
In making these determinations, the court must consider the factors specified in
Rule 1.04(b), Tex. Disciplinary R. Prof. Conduct.
(2)
If any portion of the benefits recovered for the class are in the form of coupons or
other noncash common benefits, the attorney fees awarded in the action must be in
cash and noncash amounts in the same proportion as the recovery for the class.
Effective Date. Rule 42(i) applies only in actions filed after September 1, 2003.
Notes and Comments
Comment to 2003 amendment: The second paragraph of subdivision (a) regarding
derivative suits has been deleted because it is redundant of Article 5.14 of the Business Corporation
Act, which sets forth detailed procedures for derivative suits.
Comment to 2003 amendment: Subparagraph (b)(3) is omitted as unnecessary.
Comment to 2003 amendment: The requirement that certification be decided "at an early
practicable time" is a change from the previous Texas rule 42 (c)(1) and federal rule 23 (c)(1),
which required the trial court to decide the certification issue "as soon as practicable after the
commencement of [the suit]." The amended language is not intended to permit undue delay or
permit excessive discovery unrelated to certification, but is designed to encourage good practices
in making certification decisions only after receiving the information necessary to decide whether
certification should be granted or denied and how to define the class if certification is granted.
RULE 43. INTERPLEADER
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Persons having claims against the plaintiff may be joined as defendants and required to interplead
when their claims are such that the plaintiff is or may be exposed to double or multiple liability. It
is not ground for objection to the joinder that the claims of the several claimants or the titles on
which their claims depend do not have a common origin or are not identical but are adverse to and
independent of one another, or that the plaintiff avers that he is not liable in whole or in part to any
or all of the claimants. A defendant exposed to similar liability may obtain such interpleader by
way of cross-claim or counterclaim. The provisions of this rule supplement and do not in any way
limit the joinder of parties permitted in any other rules.
RULE 44. MAY APPEAR BY NEXT FRIEND
Minors, lunatics, idiots, or persons non compos mentis who have no legal guardian may sue and
be represented by "next friend" under the following rules:
(1)
Such next friend shall have the same rights concerning such suits as guardians have,
but shall give security for costs, or affidavits in lieu thereof, when required.
(2)
Such next friend or his attorney of record may with the approval of the court
compromise suits and agree to judgments, and such judgments, agreements and
compromises, when approved by the court, shall be forever binding and conclusive
upon the party plaintiff in such suit.
SECTION 4.
PLEADING
A. General
RULE 45. DEFINITION AND SYSTEM
Pleadings in the district and county courts shall
(a)
be by petition and answer;
(b)
consist of a statement in plain and concise language of the plaintiff's cause of action
or the defendant's grounds of defense. That an allegation be evidentiary or be of
legal conclusion shall not be grounds for objection when fair notice to the opponent
is given by the allegations as a whole; and
(c)
contain any other matter which may be required by any law or rule authorizing or
regulating any particular action or defense.
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Pleadings that are not filed electronically must be in writing, on paper measuring approximately 8
2 inches by 11 inches, and signed by the party or his attorney. The use of recycled paper is strongly
encouraged.
All pleadings shall be construed so as to do substantial justice.
Notes and Comments
Comment to 1990 change: To provide for filing of pleadings having either original or
copies of signatures and verifications including documents telephonically transferred.
RULE 46. PETITION AND ANSWER; EACH ONE INSTRUMENT OF WRITING
The original petition, first supplemental petition, second supplemental petition, and every other,
shall each be contained in one instrument of writing, and so with the original answer and each of
the supplemental answers.
RULE 47. CLAIMS FOR RELIEF
An original pleading which sets forth a claim for relief, whether an original petition, counterclaim,
cross-claim, or third party claim, shall contain
(a)
a short statement of the cause of action sufficient to give fair notice of the claim
involved;
(b)
a statement that the damages sought are within the jurisdictional limits of the court;
(c)
except in suits governed by the Family Code, a statement that the party seeks:
(d)
(1)
only monetary relief of $250,000 or less, excluding interest, statutory or
punitive damages and penalties, and attorney fees and costs;
(2)
monetary relief of $250,000 or less and non-monetary relief;
(3)
monetary relief over $250,000 but not more than $1,000,000;
(4)
monetary relief over $1,000,000; or
(5)
only non-monetary relief; and
a demand for judgment for all the other relief to which the party deems himself
entitled.
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Relief in the alternative or of several different types may be demanded; provided, further, that
upon special exception the court shall require the pleader to amend so as to specify the maximum
amount claimed. A party that fails to comply with (c) may not conduct discovery until the party’s
pleading is amended to comply.
Notes and Comments
Comment to 2013 change: Rule 47 is amended to require a more specific statement of the
relief sought by a party. The amendment requires parties to plead into or out of the expedited
actions process governed by Rule 169, added to implement section 22.004(h) of the Texas
Government Code. Except in a suit governed by the Family Code, the Property Code, the Tax
Code, or Chapter 74 of the Civil Practice & Remedies Code, a suit in which the original petition
contains the statement in paragraph (c)(1) is governed by the expedited actions process. The further
specificity in paragraphs (c)(2)-(5) is to provide information regarding the nature of cases filed
and does not affect a party’s substantive rights.
Comment to 2021 change: Rule 47 is amended to implement section 22.004(h-1) of the
Texas Government Code. A suit in which the original petition contains the statement in paragraph
(c)(1) is governed by the expedited actions process in Rule 169.
RULE 48. ALTERNATIVE CLAIMS FOR RELIEF
A party may set forth two or more statements of a claim or defense alternatively or hypothetically,
either in one count or defense or in separate counts or defenses. When two or more statements are
made in the alternative and one of them if made independently would be sufficient, the pleading
is not made insufficient by the insufficiency of one or more of the alternative statements. A party
may also state as many separate claims or defenses as he has regardless of consistency and whether
based upon legal or equitable grounds or both.
RULE 49. WHERE SEVERAL COUNTS
Where there are several counts in the petition, and entire damages are given, the verdict or
judgment, as the case may be, shall be good, notwithstanding one or more of such counts may be
defective.
RULE 50. PARAGRAPHS, SEPARATE STATEMENTS
All averments of claim or defense shall be made in numbered paragraphs, the contents of each of
which shall be limited as far as practicable to a statement of a single set of circumstances; and a
paragraph may be referred to by number in all succeeding pleadings, so long as the pleading
containing such paragraph has not been superseded by an amendment as provided by Rule 65.
Each claim founded upon a separate transaction or occurrence and each defense other than denials
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shall be stated in a separate count or defense whenever a separation facilitates the clear presentation
of the matters set forth.
RULE 51. JOINDER OF CLAIMS AND REMEDIES
(a)
Joinder of Claims. The plaintiff in his petition or in a reply setting forth a counterclaim
and the defendant in an answer setting forth a counterclaim may join either as independent
or as alternate claims as many claims either legal or equitable or both as he may have
against an opposing party. There may be a like joinder of claims when there are multiple
parties if the requirements of Rules 39, 40, and 43 are satisfied. There may be a like joinder
of cross claims or third-party claims if the requirements of Rules 38 and 97, respectively,
are satisfied.
(b)
Joinder of Remedies. Whenever a claim is one heretofore cognizable only after another
claim has been prosecuted to a conclusion, the two claims may be joined in a single action;
but the court shall grant relief in that action only in accordance with the relative substantive
rights of the parties. This rule shall not be applied in tort cases so as to permit the joinder
of a liability or indemnity insurance company, unless such company is by statute or contract
directly liable to the person injured or damaged.
RULE 52. ALLEGING A CORPORATION
An allegation that a corporation is incorporated shall be taken as true, unless denied by the affidavit
of the adverse party, his agent or attorney, whether such corporation is a public or private
corporation and however created.
RULE 53. SPECIAL ACT OR LAW
A pleading founded wholly or in part on any private or special act or law of this State or of the
Republic of Texas need only recite the title thereof, the date of its approval, and set out in substance
so much of such act or laws as may be pertinent to the cause of action or defense.
RULE 54. CONDITIONS PRECEDENT
In pleading the performance or occurrence of conditions precedent, it shall be sufficient to aver
generally that all conditions precedent have been performed or have occurred. When such
performances or occurrences have been so plead, the party so pleading same shall be required to
prove only such of them as are specifically denied by the opposite party.
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RULE 55. JUDGMENT
In pleading a judgment or decision of a domestic or foreign court, judicial or quasi-judicial
tribunal, or of a board or officer, it shall be sufficient to aver the judgment or decision without
setting forth matter showing jurisdiction to render it.
RULE 56. SPECIAL DAMAGE
When items of special damage are claimed, they shall be specifically stated.
RULE 57. SIGNING OF PLEADINGS
Every pleading of a party represented by an attorney shall be signed by at least one attorney of
record in his individual name, with his State Bar of Texas identification number, address, telephone
number, email address, and if available, fax number. A party not represented by an attorney shall
sign his pleadings, state his address, telephone number, email address, and, if available, fax
number.
Notes and Comments
Comment to 1990 change: To supply attorney telecopier information with other identifying
information on pleadings. Documents telephonically transferred are permitted to be filed under
changes in Rule 45.
RULE 58. ADOPTION BY REFERENCE
Statements in a pleading may be adopted by reference in a different part of the same pleading or
in another pleading or in any motion, so long as the pleading containing such statements has not
been superseded by an amendment as provided by Rule 65.
RULE 59. EXHIBITS AND PLEADING
Notes, accounts, bonds, mortgages, records, and all other written instruments, constituting, in
whole or in part, the claim sued on, or the matter set up in defense, may be made a part of the
pleadings by copies thereof, or the originals, being attached or filed and referred to as such, or by
copying the same in the body of the pleading in aid and explanation of the allegations in the petition
or answer made in reference to said instruments and shall be deemed a part thereof for all purposes.
Such pleadings shall not be deemed defective because of the lack of any allegations which can be
supplied from said exhibit. No other instrument of writing shall be made an exhibit in the pleading.
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RULE 60. INTERVENOR'S PLEADINGS
Any party may intervene by filing a pleading, subject to being stricken out by the court for
sufficient cause on the motion of any party.
Notes and Comments
Comment to 1990 change: Rules 21 and 21a control notice and service of pleadings of
intervenors.
RULE 61. TRIAL: INTERVENORS: RULES APPLY TO ALL PARTIES
These rules of pleading shall apply equally, so far as it may be practicable to intervenors and to
parties, when more than one, who may plead separately.
RULE 62. AMENDMENT DEFINED
The object of an amendment, as contra-distinguished from a supplemental petition or answer, is to
add something to, or withdraw something from, that which has been previously pleaded so as to
perfect that which is or may be deficient, or to correct that which has been incorrectly stated by
the party making the amendment, or to plead new matter, additional to that formerly pleaded by
the amending party, which constitutes an additional claim or defense permissible to the suit.
RULE 63. AMENDMENTS AND RESPONSIVE PLEADINGS
Parties may amend their pleadings, respond to pleadings on file of other parties, file suggestions
of death and make representative parties, and file such other pleas as they may desire by filing
such pleas with the clerk at such time as not to operate as a surprise to the opposite party; provided,
that any pleadings, responses or pleas offered for filing within seven days of the date of trial or
thereafter, or after such time as may be ordered by the judge under Rule 166, 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.
Notes and Comments
Comment to 1990 change: To require that all trial pleadings of all parties, except those
permitted by Rule 66, be on file at least seven days before trial unless leave of court permits later
filing.
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RULE 64. AMENDED INSTRUMENT
The party amending shall point out the instrument amended, as "original petition," or "plaintiff's
first supplemental petition," or as "original answer," or "defendant's first supplemental answer" or
other instrument file by the party and shall amend by filing a substitute therefor, entire and
complete in itself, indorsed "amended original petition," or "amended first supplemental petition,"
or "amended original answer," or "amended first supplemental answer," accordingly as said
instruments of pleading are designated.
RULE 65. SUBSTITUTED INSTRUMENT TAKES PLACE OF ORIGINAL
Unless the substituted instrument shall be set aside on exceptions, the instrument for which it is
substituted shall no longer be regarded as a part of the pleading in the record of the cause, unless
some error of the court in deciding upon the necessity of the amendment, or otherwise in
superseding it, be complained of, and exception be taken to the action of the court, or unless it be
necessary to look to the superseded pleading upon a question of limitation.
RULE 66. TRIAL AMENDMENT
If evidence is objected to at the trial on the ground that it is not within the issues made by the
pleading, or if during the trial any defect, fault or omission in a pleading, either of form or
substance, is called to the attention of the court, the court may allow the pleadings to be amended
and shall do so freely when the presentation of the merits of the action will be subserved thereby
and the objecting party fails to satisfy the court that the allowance of such amendment would
prejudice him in maintaining his action or defense upon the merits. The court may grant a
postponement to enable the objecting party to meet such evidence.
RULE 67. AMENDMENTS TO CONFORM TO ISSUES TRIED WITHOUT
OBJECTION
When issues not raised by the pleadings are tried by express or implied consent of the parties, they
shall be treated in all respects as if they had been raised in the pleadings. In such case such
amendment of the pleadings as may be necessary to cause them to conform to the evidence and to
raise these issues may be made by leave of court upon motion of any party at any time up to the
submission of the case to the Court or jury, but failure so to amend shall not affect the result of the
trial of these issues; provided that written pleadings, before the time of submission, shall be
necessary to the submission of questions, as is provided in Rules 277 and 279.
RULE 68. COURT MAY ORDER REPLEADER
The court, when deemed necessary in any case, may order a repleader on the part of one or both
of the parties, in order to make their pleadings substantially conform to the rules.
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RULE 69. SUPPLEMENTAL PETITION OR ANSWER
Each supplemental petition or answer, made by either party, shall be a response to the last
preceding pleading by the other party, and shall not repeat allegations formerly pleaded further
than is necessary as an introduction to that which is stated in the pleading then being drawn up.
These instruments, to wit, the original petition and its several supplements, and the original answer
and its several supplements, shall respectively, constitute separate and distinct parts of the
pleadings of each party; and the position and identity, by number and name, with the indorsement
of each instrument, shall be preserved throughout the pleadings of either party.
RULE 70. PLEADING: SURPRISE: COST
When either a supplemental or amended pleading is of such character and is presented at such time
as to take the opposite party by surprise, the court may charge the continuance of the cause, if
granted, to the party causing the surprise if the other party satisfactorily shows that he is not ready
for trial because of the allowance of the filing of such supplemental or amended pleading, and the
court may, in such event, in its discretion require the party filing such pleading to pay to the
surprised party the amount of reasonable costs and expenses incurred by the other party as a result
of the continuance, including attorney fees, or make such other order with respect thereto as may
be just.
RULE 71. MISNOMER OF PLEADING
When a party has mistakenly designated any plea or pleading, the court, if justice so requires, shall
treat the plea or pleading as if it had been properly designated. Pleadings shall be docketed as
originally designated and shall remain identified as designated, unless the court orders
redesignation. Upon court order filed with the clerk, the clerk shall modify the docket and all other
clerk records to reflect redesignation.
[RULE 72. Repealed effective September 1, 1990]
[RULE 73. Repealed effective September 1, 1990]
RULE 74. FILING WITH THE COURT DEFINED
The filing of pleadings, other papers and exhibits as required by these rules shall be made by filing
them with the clerk of the court, except that the judge may permit the papers to be filed with him,
in which event he shall note thereon the filing date and time and forthwith transmit them to the
office of the clerk.
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RULE 75. FILED PLEADINGS; WITHDRAWAL
All filed pleadings shall remain at all times in the clerk's office or in the court or in custody of the
clerk, except that the court may by order entered on the minutes allow a filed pleading to be
withdrawn for a limited time whenever necessary, on leaving a certified copy on file. The party
withdrawing such pleading shall pay the costs of such order and certified copy.
RULE 75a. FILING EXHIBITS: COURT REPORTER TO FILE WITH CLERK
The court reporter or stenographer shall file with the clerk of the court all exhibits which were
admitted in evidence or tendered on bill of exception during the course of any hearing, proceeding,
or trial.
RULE 75b. FILED EXHIBITS: WITHDRAWAL
All filed exhibits admitted in evidence or tendered on bill of exception shall, until returned or
otherwise disposed of as authorized by Rule 14b, remain at all times in the clerk's office or in the
court or in the custody of the clerk except as follows:
(a)
The court may by order entered on the minutes allow a filed exhibit to be withdrawn
by any party only upon such party's leaving on file a certified, photo, or other
reproduced copy of such exhibit. The party withdrawing such exhibit shall pay the
costs of such order and copy.
(b)
The court reporter or stenographer of the court conducting the hearing, proceedings,
or trial in which exhibits are admitted or offered in evidence, shall have the right to
withdraw filed exhibits, upon giving the clerk proper receipt therefor, whenever
necessary for the court reporter or stenographer to transmit such original exhibits
to an appellate court under the provisions of Rule 379 or to otherwise discharge the
duties imposed by law upon said court reporter or stenographer.
RULE 76. MAY INSPECT PAPERS
Each attorney at law practicing in any court shall be allowed at all reasonable times to inspect the
papers and records relating to any suit or other matter in which he may be interested.
RULE 76a. SEALING COURT RECORDS
1.
Standard for Sealing Court Records. Court records may not be removed from court
files except as permitted by statute or rule. No court order or opinion issued in the
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adjudication of a case may be sealed. Other court records, as defined in this rule, are
presumed to be open to the general public and may be sealed only upon a showing of all
of the following:
(a)
(b)
2.
(1)
this presumption of openness;
(2)
any probable adverse effect that sealing will have upon the general public
health or safety;
no less restrictive means than sealing records will adequately and effectively protect
the specific interest asserted.
Court Records. For purposes of this rule, court records means:
(a)
3.
a specific, serious and substantial interest which clearly outweighs:
all documents of any nature filed in connection with any matter before any civil
court, except:
(1)
documents filed with a court in camera, solely for the purpose of obtaining
a ruling on the discoverability of such documents;
(2)
documents in court files to which access is otherwise restricted by law;
(3)
documents filed in an action originally arising under the Family Code.
(b)
settlement agreements not filed of record, excluding all reference to any monetary
consideration, that seek to restrict disclosure of information concerning matters that
have a probable adverse effect upon the general public health or safety, or the
administration of public office, or the operation of government.
(c)
discovery, not filed of record, concerning matters that have a probable adverse
effect upon the general public health or safety, or the administration of public
office, or the operation of government, except discovery in cases originally initiated
to preserve bona fide trade secrets or other intangible property rights.
Notice. Court records may be sealed only upon a party's written motion, which shall be
open to public inspection. The movant shall post a public notice at the place where notices
for meetings of county governmental bodies are required to be posted, stating: that a
hearing will be held in open court on a motion to seal court records in the specific case;
that any person may intervene and be heard concerning the sealing of court records; the
specific time and place of the hearing; the style and number of the case; a brief but specific
description of both the nature of the case and the records which are sought to be sealed;
and the identity of the movant. Immediately after posting such notice, the movant shall file
Page 43
a verified copy of the posted notice with the clerk of the court in which the case is pending
and with the Clerk of the Supreme Court of Texas.
4.
Hearing. A hearing, open to the public, on a motion to seal court records shall be held in
open court as soon as practicable, but not less than fourteen days after the motion is filed
and notice is posted. Any party may participate in the hearing. Non-parties may intervene
as a matter of right for the limited purpose of participating in the proceedings, upon
payment of the fee required for filing a plea in intervention. The court may inspect records
in camera when necessary. The court may determine a motion relating to sealing or
unsealing court records in accordance with the procedures prescribed by Rule 120a.
5.
Temporary Sealing Order. A temporary sealing order may issue upon motion and notice
to any parties who have answered in the case pursuant to Rules 21 and 21a upon a showing
of compelling need from specific facts shown by affidavit or by verified petition that
immediate and irreparable injury will result to a specific interest of the applicant before
notice can be posted and a hearing held as otherwise provided herein. The temporary order
shall set the time for the hearing required by paragraph 4 and shall direct that the movant
immediately give the public notice required by paragraph 3. The court may modify or
withdraw any temporary order upon motion by any party or intervenor, notice to the parties,
and hearing conducted as soon as practicable. Issuance of a temporary order shall not
reduce in any way the burden of proof of a party requesting sealing at the hearing required
by par
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