Subject Matter Jurisdiction of Texas Trial Courts

• Author: Scott Brister (Ret.)/Dan S. Boyd
• Pages: 325-344

7-1

Chapter 7

SUBJECT MATTER JURISDICTION OF

TEXAS TRIAL COURTS

QUICK VIEW

Definition: Subject matter jurisdiction is the power of the court to render a binding judgment in a particular type

of case with a particular amount in controversy. A judgment of a court without subject matter jurisdiction is void.

Scope of chapter: Subject matter jurisdiction of the district courts, constitutional county courts, statutory county

courts, and justice courts; probate jurisdiction; how to determine the amount in controversy.

Strategies and tactics: Subject matter jurisdiction is mostly governed by statute. You must check two kinds of

statutes: the general subject matter jurisdiction statutes, and the specific statutes for jurisdiction of the courts in

the county where you plan to file. Generally, if the amount in controversy is within a court’s limits, the court will

have jurisdiction unless the court cannot hear that type of case, or some other court has been granted exclusive

jurisdiction. You will often have a choice of two or more courts with concurrent subject matter jurisdiction. In

choosing, consider your familiarity with the judges and procedures and how long you will have to wait for trial

in each court.

Statutes and rules: Tex Const art 5, §§1, 7, 8, 15, 16, 18, 19; Gov C §§24.007-24.011, 24.101-24.920, 25.0001,

25.0003, 25.0004, 25.0021, 25.0031-25.2570, 26.021, 26.042-26.354, 27.031-27.034, 28.001-28.003; CPRC

§§61.021, 62.021, 63.002, 65.021; TRCP 2, 45, 47, 234, 523, 525, 551, 554, 738, 746.

Related topics: Personal Jurisdiction, Ch 8; Venue, Ch 9; Citation and Service of Process, Ch 10; Motion

Practice, Ch 16; Attacking the Pleadings, Ch 15; Defaults and Dismissals, Ch 37.

TABLE OF CONTENTS

I. Overview

A. General Points

1. SCOPE OF CHAPTER

§7:01 Meaning and Purpose

§7:02 Texas Trial Courts

§7:02.1 Finding the Right Court — The Five-Step Check

§7:03 Amount in Controversy

§7:04 Role of Constitution and Legislature

§7:05 General and Specific Statutes

§7:06 Disastrous Effects if Subject Matter Is Lacking

§7:07 Courts Must Exercise Jurisdiction

(Rev. 10, 4/13)

TEXAS PRETRIAL PRACTICE 7-2

2. RELATED CONCEPTS

§7:10 COMPARE: Personal Jurisdiction

§7:11 COMPARE: Venue

§7:12 COMPARE: Dominant Jurisdiction

§7:13 COMPARE: Right to Relief

§7:14 COMPARE: Primary or Exclusive Jurisdiction

3. RAISING LACK OF JURISDICTION

§7:18 Who, When, and How

§7:19 No Waiver or Stipulation

§7:20 Dismissal or Transfer

§7:21 Appeal

B. Strategic Considerations

§7:26 Familiarity with Court

§7:27 Trial Scheduling and Backlog

§7:28 Jury Size and Role

II. District Courts

§7:34 Residual Jurisdiction

§7:35 Amount in Controversy

§7:36 Defamation

§7:37 Divorce

§7:38 Real Estate

§7:38.1 Eminent Domain

§7:39 Trusts

§7:40 Writs

§7:41 Concurrent Jurisdiction

§7:42 CAUTION: Statutory Modification

§7:43 Location of Hearings

§7:44 Lower Courts and Res Judicata

III. County-Level Courts

A. Constitutional County Courts

§7:47 Constitutional or Statutory County Court?

§7:48 Administrative or Judicial Court?

§7:49 Amount in Controversy

§7:50 Probate

§7:51 Appeals from Justice and Small Claims Courts

§7:52 Writs

§7:52.1 Declaratory Relief

§7:53 Concurrent Jurisdiction

§7:54 EXCEPTIONS

§7:55 CAUTION: Statutory Modification

B. Statutory County Courts

§7:59 Specific Provisions Trump General Provisions

§7:60 In General: Civil Cases Up to $100,000

(Rev. 1, 12/00)