Texas Rules of Civil Procedure

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TEXAS RULES OF CIVIL PROCEDURE

PART i general rules.......................................1214

PART ii rules of PraCtiCe in distriCt and

County Courts ......................................1219

PART iii rules of ProCedure for the Courts of aPPeals. . . 1378

PART iv rules of PraCtiCe for the suPreme Court........1382

PART v rules of PraCtiCe in JustiCe Courts ..............1383

PART vi rules related to anCillary ProCeedings ........1419

PART vii rules relating to sPeCial ProCeedings...........1456

PART viii Closing rules .......................................1471

COMMENTS

These rules are eective April 1, 2025. The latest rules are available at the Texas Judicial Branch’s website

at www . txcourts . gov / rules - forms / rules - standards/.

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Texas Rules of Civil PRoCeduRe

PART I - GENERAL RULES

RULE 1. OBJECTIV E OF RULES

The proper objective of ru les of civil procedure is t o obtain a just, fai r, equitable and impar tial

adjudication of the right s of litigants under est ablished principles of subs tantive law. To the end

that this objective may be a ttained with as great expe dition and dispatch and at the least expe nse

both to the litigant s and to the state as m ay be practicable, these r ules shall be given a li beral

construction.

RULE 2. SCOPE OF RULES

These rules sh all govern the procedu re in the justice, c ounty, and district c ourts of the Stat e of

Texas in all actions of a civil nat ure, with such exception s as may be hereinaf ter stated. W here

any statute in ef fect immediately prior to Septe mber 1, 1941, prescribed a rule of procedu re in lu-

nacy, guardians hip, or estates of decedents, or any other pr obate proceedings in the count y court

differing f rom these Rules, and not included in the “ List of Repealed Statutes,” such statute sha ll

apply; and where any stat ute in effect immediately pr ior to September 1, 1941, and not included in

the “List of Repealed Stat utes,” prescribed a rule of procedure i n any special statutory proce ed-

ing differi ng from these rules, such stat ute shall apply. All statutes in effect i mmediately prior to

September 1, 1941, prescribing rules of proc edure in bond or recogniz ance forfeitures in cri minal

cases are hereby cont inued in effect as r ules of procedure governing such case s, but where such

statutes pre scribed no rules of procedure i n such cases, these rules shall ap ply. Al l statutes in ef-

fect immediat ely prior to September 1, 1941, prescribing rules of procedu re in tax suits are hereby

continued in effec t as rules of procedure govern ing such cases, but where such stat utes prescribed

no rules of procedu re in such cases, th ese rules shall ap ply; provided, however, that Rule 117a

shall control with re spect to citation in tax suits .

RULE 3. CONSTRUCTION OF RULES

Unless otherw ise expressly provided, the past, pr esent or future tens e shall each include the other;

the masculin e, feminine, or neuter gender sha ll each include the other; and the si ngular and plural

number shall each i nclude the other.

RULE 3a. LOCAL RULES, FOR MS, AND STANDING ORDERS

(a) General Rule. An a dministrative judicial region or a c ourt governed by these rules may

promulgate local ru les, forms, and standing orde rs that govern local practice.

(b) Relationship with Other Authorities. Local rule s, forms, and sta nding orders must not

be inconsistent w ith state or federal law or r ules adopted by the Supreme Court of Texas.

This requir ement extends to any time pe riod provided by these rules. I f adopted by a court,

local rules, for ms, and standi ng orders must not be inco nsistent with any r ule of the ad-

ministr ative judicial region in which the court i s located.

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Texas Rules of Civil Procedure

(c) Publication Required. To be effective, local rules, for ms, and standi ng orders must be

published on the Ofce of Cou rt Administration’s website.

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 deter-

mine 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 conict with other laws

or rules and that they are not effective unless published on the Ofce 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 pe riod of time prescribed or al lowed by these rules, by order of court , or by any

applicable statute, t he day of the act, event, or default af ter which the designa ted period of time

begins to ru n is not to be included. The last day of th e period so computed is to be included , unless

it is a Saturday, Sunday, or legal holiday, in which event the pe riod runs until the end of the nex t

day which is not a Saturd ay, Sunday, or legal holiday. Saturdays, Sundays, and legal holidays sha ll

not be cou nted for any purp ose in any time period of ve days or less in these rules, except th at

Saturdays, Su ndays, and legal holidays shal l be counted for pur pose of the three- day periods in

Rules 21 and 21a, extending other perio ds by three days when service is m ade by mail.

Notes and Comments

Comment to 1990 change: Amended to omit counting Saturdays, Sundays and legal holi-

days in all periods of less than ve days with certain exceptions.

RULE 5. ENLARGEMEN T OF TIME

When by these r ules or by a notice given thereunder or by order of cour t an act is required or al-

lowed to be d one at or within a specied time, the court for cause shown may, at any time in its

discretion (a) with or without motion or not ice, order the period enlarged if ap plication therefor is

made before the expirat ion of the period originally pres cribed or as extended by a previous ord er;

or (b) upon motion pe rmit the act to be done afte r the expir ation of the specied per iod where

good cause is shown for the fai lure to act. The cou rt may not enlarge t he period for taki ng any

action under the r ules relating to new tria ls except as stated in these r ules. If any document is sent

to the proper clerk by r st- class United States mail i n an envelope or wrapper properly add ressed

and stamped and is deposited in t he mail on or before the last day for ling same, the same, if re-

ceived by the clerk not more than ten days tardily, shall be led by t he clerk and be deemed led in

time. A legible postmark af xed by the United States Postal Service sha ll be prima facie evidence

of the date of mailing.

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