Texas Rules of Civil Procedure

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 OF

PLEADINGS 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 - Pleading A. 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. RULE 51. RULE 52. RULE 53. RULE 54. RULE 55. RULE 56. RULE 57. RULE 58. RULE 59. RULE 60. RULE 61. RULE 62. RULE 63. RULE 64. RULE 65. RULE 66. RULE 67. RULE 68. RULE 69. RULE 70. RULE 71. RULE 74.

PARAGRAPHS, SEPARATE STATEMENTS JOINDER OF CLAIMS AND REMEDIES ALLEGING A CORPORATION SPECIAL ACT OR LAW CONDITIONS PRECEDENT JUDGMENT SPECIAL DAMAGE SIGNING OF PLEADINGS ADOPTION BY REFERENCE EXHIBITS AND PLEADING INTERVENOR'S PLEADINGS TRIAL: INTERVENORS: RULES APPLY TO ALL PARTIES AMENDMENT DEFINED AMENDMENTS AND RESPONSIVE PLEADINGS AMENDED INSTRUMENT SUBSTITUTED INSTRUMENT TAKES PLACE OF ORIGINAL TRIAL AMENDMENT AMENDMENTS TO CONFORM TO ISSUES TRIED WITHOUT OBJECTION COURT MAY ORDER REPLEADER SUPPLEMENTAL PETITION OR ANSWER PLEADING: SURPRISE: COST MISNOMER OF PLEADING 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 - Pleading B. 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 - Pleading C. 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 HEIRS

OR STOCKHOLDERS OF DEFUNCT CORPORATIONS RULE 112. PARTIES TO ACTION AGAINST UNKNOWN OWNERS OR CLAIMANTS

OF INTEREST IN LAND

RULE 113. CITATION BY PUBLICATION IN ACTIONS AGAINST UNKNOWN OWNERS 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

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