Texas Rules of Civil Procedure

Table of Contents

PART I - GENERAL RULES

RULE 1. OBJECTIVE OF RULES

RULE 2. SCOPE OF RULES

RULE 3. CONSTRUCTION OF RULES

RULE 3a. LOCAL RULES

RULE 4. COMPUTATION OF TIME

RULE 5. ENLARGEMENT OF TIME

RULE 6. SUITS COMMENCED ON SUNDAY

RULE 7. MAY APPEAR BY ATTORNEY

RULE 8. ATTORNEY IN CHARGE

RULE 9. NUMBER OF COUNSEL HEARD

RULE 10. WITHDRAWAL OF ATTORNEY

RULE 11. AGREEMENTS TO BE IN WRITING

RULE 12. ATTORNEY TO SHOW AUTHORITY

RULE 13. EFFECT OF SIGNING PLEADINGS, MOTIONS AND OTHER PAPERS; SANCTIONS

RULE 14. AFFIDAVIT BY AGENT

RULE 14b. RETURN OR OTHER DISPOSITION OF EXHIBITS

RULE 14c. DEPOSIT IN LIEU OF SURETY BOND

PART II - RULES OF PRACTICE IN DISTRICT AND COUNTY COURTS

Section 1 - General Rules

RULE 15. WRITS AND PROCESSES

RULE 16. SHALL ENDORSE ALL PROCESS

RULE 17. OFFICER TO EXECUTE PROCESS

RULE 18. WHEN JUDGE DIES DURING TERMS, RESIGNS OR IS DISABLED

RULE 18a. RECUSAL OR DISQUALIFICATION OF JUDGES

RULE 18b. GROUNDS FOR DISQUALIFICATION OR RECUSAL OF JUDGES

RULE 18c. RECORDING AND BROADCASTING OF COURT PROCEEDINGS

RULE 19. NON-ADJOURNMENT OF TERM

RULE 20. MINUTES READ AND SIGNED

RULE 21. FILING AND SERVING PLEADINGS AND MOTIONS

RULE 21a. METHODS OF SERVICE

RULE 21b. SANCTIONS FOR FAILURE TO SERVE OR DELIVERY A COPY OFPLEADINGS AND MOTIONS

RULE 21c. PRIVACY PROTECTION FOR FILED DOCUMENTS

Section 2 - Institution of Suit

RULE 22. COMMENCED BY PETITION

RULE 23. SUITS TO BE NUMBERED CONSECUTIVELY

RULE 24. DUTY OF CLERK

RULE 25. CLERK'S FILE DOCKET

RULE 26. CLERK'S COURT DOCKET

RULE 27. ORDER OF CASES

Section 3 - Parties to Suits

RULE 28. SUITS IN ASSUMED NAME

RULE 29. SUIT ON CLAIM AGAINST DISSOLVED CORPORATION

RULE 30. PARTIES TO SUITS

RULE 31. SURETY NOT TO BE SUED ALONE

RULE 32. MAY HAVE QUESTION OF SURETYSHIP TRIED

RULE 33. SUITS BY OR AGAINST COUNTIES

RULE 34. AGAINST SHERIFF, ETC.

RULE 35. ON OFFICIAL BONDS

RULE 36. DIFFERENT OFFICIALS AND BONDSMEN

RULE 37. ADDITIONAL PARTIES

RULE 38. THIRD-PARTY PRACTICE

RULE 39. JOINDER OF PERSONS NEEDED FOR JUST ADJUDICATION

RULE 40. PERMISSIVE JOINDER OF PARTIES

RULE 41. MISJOINDER AND NON-JOINDER OF PARTIES

RULE 42. CLASS ACTIONS

RULE 43. INTERPLEADER

RULE 44. MAY APPEAR BY NEXT FRIEND

Section 4 - PleadingA. General

RULE 45. DEFINITION AND SYSTEM

RULE 46. PETITION AND ANSWER; EACH ONE INSTRUMENT OF WRITING

RULE 47. CLAIMS FOR RELIEF

RULE 48. ALTERNATIVE CLAIMS FOR RELIEF

RULE 49. WHERE SEVERAL COUNTS

RULE 50. PARAGRAPHS, SEPARATE STATEMENTS

RULE 51. JOINDER OF CLAIMS AND REMEDIES

RULE 52. ALLEGING A CORPORATION

RULE 53. SPECIAL ACT OR LAW

RULE 54. CONDITIONS PRECEDENT

RULE 55. JUDGMENT

RULE 56. SPECIAL DAMAGE

RULE 57. SIGNING OF PLEADINGS

RULE 58. ADOPTION BY REFERENCE

RULE 59. EXHIBITS AND PLEADING

RULE 60. INTERVENOR'S PLEADINGS

RULE 61. TRIAL: INTERVENORS: RULES APPLY TO ALL PARTIES

RULE 62. AMENDMENT DEFINED

RULE 63. AMENDMENTS AND RESPONSIVE PLEADINGS

RULE 64. AMENDED INSTRUMENT

RULE 65. SUBSTITUTED INSTRUMENT TAKES PLACE OF ORIGINAL

RULE 66. TRIAL AMENDMENT

RULE 67. AMENDMENTS TO CONFORM TO ISSUES TRIED WITHOUT OBJECTION

RULE 68. COURT MAY ORDER REPLEADER

RULE 69. SUPPLEMENTAL PETITION OR ANSWER

RULE 70. PLEADING: SURPRISE: COST

RULE 71. MISNOMER OF PLEADING

RULE 74. FILING WITH THE COURT DEFINED

RULE 75. FILED PLEADINGS; WITHDRAWAL

RULE 75a. FILING EXHIBITS: COURT REPORTER TO FILE WITH CLERK

RULE 75b. FILED EXHIBITS: WITHDRAWAL

RULE 76. MAY INSPECT PAPERS

RULE 76a. SEALING COURT RECORDS

RULE 77. LOST RECORDS AND PAPERS

Section 4 - PleadingB. Pleadings of Plaintiff

RULE 78. PETITION; ORIGINAL AND SUPPLEMENTAL; INDORSEMENT

RULE 78a. CASE INFORMATION SHEET

RULE 79. THE PETITION

RULE 80. PLAINTIFF'S SUPPLEMENTAL PETITION

RULE 81. DEFENSIVE MATTERS

RULE 82. SPECIAL DEFENSES

Section 4 - PleadingC. Pleadings of Defendant

RULE 83. ANSWER; ORIGINAL AND SUPPLEMENTAL; ENDORSEMENT

RULE 84. ANSWER MAY INCLUDE SEVERAL MATTERS

RULE 85. ORIGINAL ANSWER; CONTENTS

RULE 86. MOTION TO TRANSFER VENUE

RULE 87. DETERMINATION OF MOTION TO TRANSFER

RULE 88. DISCOVERY AND VENUE

RULE 89. TRANSFERRED IF MOTION IS SUSTAINED

RULE 90. WAIVER OF DEFECTS IN PLEADING

RULE 91. SPECIAL EXCEPTIONS

RULE 91a DISMISSAL OF BASELESS CAUSES OF ACTION

RULE 92. GENERAL DENIAL

RULE 93. CERTAIN PLEAS TO BE VERIFIED

RULE 94. AFFIRMATIVE DEFENSES

RULE 95. PLEAS OF PAYMENT

RULE 96. NO DISCONTINUANCE

RULE 97. COUNTERCLAIM AND CROSS-CLAIM

RULE 98. SUPPLEMENTAL ANSWERS

Section 5 - Citation

RULE 99. ISSUANCE AND FORM OF CITATION

RULE 103. WHO MAY SERVE

RULE 105. DUTY OF OFFICER OR PERSON RECEIVING

RULE 106. METHOD OF SERVICE

RULE 107. RETURN OF SERVICE

RULE 108. SERVICE IN ANOTHER STATE

RULE 108a. SERVICE OF PROCESS IN FOREIGN COUNTRIES

RULE 109. CITATION BY PUBLICATION

RULE 109a. OTHER SUBSTITUTED SERVICE

RULE 110. EFFECT OF RULES ON OTHER STATUTES

RULE 111. CITATION BY PUBLICATION IN ACTION AGAINST UNKNOWN HEIRSOR STOCKHOLDERS OF DEFUNCT CORPORATIONS

RULE 112. PARTIES TO ACTION AGAINST UNKNOWN OWNERS OR CLAIMANTSOF INTEREST IN LAND

RULE 113. CITATION BY PUBLICATION IN ACTIONS AGAINST UNKNOWNOWNERS OR CLAIMANTS OF INTEREST IN LAND

RULE 114. CITATION BY PUBLICATION; REQUISITES

RULE 115. FORM OF PUBLISHED CITATION IN ACTIONS INVOLVING LAND

RULE 116. SERVICE OF CITATION BY PUBLICATION

RULE 117. RETURN OF CITATION BY PUBLICATION

RULE 117a. CITATION IN SUITS FOR DELINQUENT AD VALOREM TAXES

RULE 118. AMENDMENT

RULE 119. ACCEPTANCE OF SERVICE

RULE 119a. COPY OF DECREE

RULE 120. ENTERING APPEARANCE

RULE 120a. SPECIAL APPEARANCE

RULE 121. ANSWER IS APPEARANCE

RULE 122. CONSTRUCTIVE APPEARANCE

RULE 123. REVERSAL OF JUDGMENT

RULE 124. NO JUDGMENT WITHOUT SERVICE

Section 6 - Costs and Security Therefor

RULE 125. PARTIES RESPONSIBLE

RULE 126. FEE FOR EXECUTION OF PROCESS, DEMAND

RULE 127. PARTIES LIABLE FOR OTHER COSTS

RULE 129. HOW COSTS COLLECTED

RULE 130. OFFICER TO LEVY

RULE 131. SUCCESSFUL PARTY TO RECOVER

RULE 133. COSTS OF MOTION

RULE 136. DEMAND REDUCED BY PAYMENTS

RULE 137. IN ASSAULT AND BATTERY, ETC.

RULE 138. COST OF NEW TRIALS

RULE 139. ON APPEAL AND CERTIORARI

RULE 140. NO FEE FOR COPY

RULE 141. COURT MAY OTHERWISE ADJUDGE COSTS

RULE 142. SECURITY FOR COSTS

RULE 143. RULE FOR COSTS

RULE 143a. COSTS ON APPEAL TO COUNTY COURT

RULE 144. JUDGMENT ON COST BOND

RULE 145. AFFIDAVIT ON INDIGENCY

RULE 146. DEPOSIT FOR COSTS

RULE 147. APPLIES TO ANY PARTY

RULE 148. SECURED BY OTHER BOND

RULE 149. EXECUTION FOR COSTS

Section 7 - Abatement and Discontinuance of Suit

RULE 150. DEATH OF PARTY

RULE 151. DEATH OF PLAINTIFF

RULE 152. DEATH OF DEFENDANT

RULE 153. WHEN EXECUTOR, ETC., DIES

RULE 154. REQUISITES OF SCIRE FACIAS

RULE 155. SURVIVING PARTIES

RULE 156. DEATH AFTER VERDICT OR CLOSE OF EVIDENCE

RULE 158. SUIT FOR THE USE OF ANOTHER

RULE 159. SUIT FOR INJURIES RESULTING IN DEATH

RULE 160. DISSOLUTION OF CORPORATION

RULE 161. WHERE SOME DEFENDANTS NOT SERVED

RULE 162. DISMISSAL OR NON-SUIT

RULE 163. DISMISSAL AS TO PARTIES SERVED, ETC.

RULE 165. ABANDONMENT

RULE 165a. DISMISSAL FOR WANT OF PROSECUTION

Section 8 - Pre-Trial Procedure

RULE 166. PRE-TRIAL CONFERENCE

RULE 166a. SUMMARY JUDGMENT

RULE 167. OFFER OF SETTLEMENT; AWARD OF LITIGATION COSTS

RULE 168. PERMISSION TO APPEAL

RULE 169. EXPEDITED ACTIONS

RULE 171. MASTER IN CHANCERY

RULE 172. AUDIT

RULE 173. GUARDIAN AD LITEM

RULE 174. CONSOLIDATION; SEPARATE TRIALS

RULE 175. ISSUE OF LAW AND DILATORY PLEAS

Section 9 - Evidence and DiscoveryA. Evidence

RULE 176. SUBPOENAS

RULE 180. REFUSAL TO TESTIFY

RULE 181. PARTY AS WITNESS

RULE 183. INTERPRETERS

RULE 185. SUIT ON ACCOUNT

Section 9 - Evidence and DiscoveryB. Discovery

RULE 190. DISCOVERY LIMITATIONS

RULE 191. MODIFYING DISCOVERY PROCEDURE AND LIMITATION;CONFERENCE REQUIREMENT; SIGNING DISCLOSURES; DISCOVERYREQUESTS, RESPONSES, AND OBJECTIONS; FILING REQUIREMENTS

RULE 192. PERMISSIBLE DISCOVERY; FORMS AND SCOPE; WORK PRODUCT;PROTECTIVE ORDERS; DEFINITIONS

RULE 193. WRITTEN DISCOVERY: RESPONSE; OBJECTION; ASSERTION OFPRIVILEGE; SUPPLEMENTATION AND AMENDMENT; FAILURE TOTIMELY RESPOND; PRESUMPTION OR AUTHENTICITY

RULE 194. REQUESTS FOR DISCLOSURE

RULE 195. DISCOVERY REGARDING TESTIFYING EXPERT WITNESSES

RULE 196. REQUESTS FOR PRODUCTION AND INSPECTION TO PARTIES; REQUESTSAND MOTIONS FOR ENTRY UPON PROPERTY

RULE 197. INTERROGATORIES TO PARTIES

RULE 198. REQUESTS FOR ADMISSIONS

RULE 199. DEPOSITIONS UPON ORAL EXAMINATION

RULE 200. DEPOSITIONS UPON WRITTEN QUESTIONS

RULE 201. DEPOSITIONS IN FOREIGN JURISDICTIONS FOR USE IN TEXASPROCEEDINGS; DEPOSITIONS IN TEXAS FOR USE IN FOREIGNPROCEEDINGS

RULE 202. DEPOSITIONS BEFORE SUIT OR TO INVESTIGATE CLAIMS

RULE 203. SIGNING, CERTIFICATION AND USE OF ORAL