Part II. Rules of Practice in District and County Courts
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
Notes and Comments: the seal of the court impressed thereon; and the date of issuance shall be noted thereon.
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 commissioners 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
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:
must be verified;
must assert one or more of the grounds listed in Rule 18b;
must not be based solely on the judges ruling in the case; and
must state with detail and particularity facts that:
are within the affiants personal knowledge, except that facts may be stated on information and belief if the basis for that belief is specifically stated;
would be admissible in evidence; and
if proven, would be sufficient to justify recusal or disqualification.
Time for Filing Motion.
Motion to Recuse. A motion to recuse:
must be filed as soon as practicable after the movant knows of the ground stated in the motion; and
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:
that the judge whose recusal is sought would preside at the trial or hearing; or
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.
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.
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 on every other party. The method of service must be the same as the method of filing. If possible.
Duty of the Clerk.
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).
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.
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:
sign and file with the clerk an order of recusal or disqualification; or
sign and file with the clerk an order referring the motion to the regional presiding judge.
Restrictions on Further Action.
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.
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.
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, 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.
Order. The ruling must be by written order.
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.
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.
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.
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.
Hearing.
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.
Notice. Notice of the hearing must be given to all parties in the case.
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:
groundless and filed in bad faith or for the purpose of harassment, or
clearly brought for unnecessary delay and without sufficient cause.
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.
Appellate Review.
Order on Motion to Recuse.
Denying Motion. An order denying a motion to recuse may be reviewed only for abuse of discretion on appeal from the final judgment.
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.
The amendments to Rule 18b are not intended to be substantive.
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 judges 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 judges statements or remarks about a case.
Rule 18B. Grounds for Recusal and Disqualification of Judges
Grounds for Disqualification. A judge must disqualify in any proceeding in which:
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;
the judge knows that, individually or as a fiduciary, the judge has an interest in the subject matter in controversy; or
either of the parties may be related to the judge by affinity or consanguinity within the third degree.
Grounds for Recusal. A judge must recuse in any proceeding in which:
the judges impartiality might reasonably be questioned;
the judge has a personal bias or prejudice concerning the subject matter or a party;
the judge has personal knowledge of disputed evidentiary facts concerning the proceeding;
the judge or a lawyer with whom the judge previously practiced law has been a material witness concerning the proceeding;
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;
the judge knows that the judge, individually or as a fiduciary, or the judges spouse or minor child residing in the judges 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;
the judge or the judges spouse, or a person within the third degree of relationship to either of them, or the spouse of such a person:
is a party to the proceeding or an officer, director, or trustee of a party;
is known by the judge to have an interest that could be substantially affected by the outcome of the proceeding; or
is to the judges knowledge likely to be a material witness in the proceeding.
the judge or the judges 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.
Terminology and Standards. In this rule:
proceeding includes pretrial, trial, or other stages of litigation;
the degree of relationship is calculated according to the civil law system;
fiduciary includes such relationships as executor, administrator, trustee, and guardian;
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:
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;
an office in an educational, religious, charitable, fraternal, or civic organization is not a financial interest in securities held by the organization;
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;
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;
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.
Waiving a Ground for Recusal. The parties to a proceeding may waive any ground for recusal after it is fully disclosed on the record.
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.
The amendments to Rule 18b are not intended to be substantive.
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 judges 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 judges statements or remarks about a case.
Comment to 1990 change: The grounds for a judges 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:
in accordance with guidelines promulgated by the Supreme Court for civil cases, or
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
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.
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
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 courts designated contact information, and instructions for submitting evidence. A court must publish the information needed for participants to participate in its proceedings.
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.
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.
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.
Electronic Filing.
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.
Email Address. The email address of an attorney or unrepresented party who electronically files a document must be included on the document.
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.
Exceptions.
Wills are not required to be filed electronically.
The following documents must not be filed electronically:
documents filed under seal or presented to the court in camera; and
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 courts time zone) on the filing deadline. An electronically filed document is deemed filed when transmitted to the filing partys electronic filing service provider, except:
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
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.
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.
Electronic Signatures. A document that is electronically served, filed, or issued by a court or clerk is considered signed if the document includes:
a /s/ and name typed in the space where the signature would otherwise appear, unless the document is notarized or sworn; or
an electronic image or scanned image of the signature.
Format. An electronically filed document must:
be in text-searchable portable document format (PDF);
be directly converted to PDF rather than scanned, if possible;
not be locked; and
otherwise comply with the Technology Standards set by the Judicial Committee on Information Technology and approved by the Supreme Court.
Paper Copies. Unless required by local rule, a party need not file a paper copy of an electronically filed document.
Electronic Orders, Notices, and Other Documents From the Court.
Except as provided in (B), the clerk must send orders, notices, and other documents to the parties electronically through an electronic filing service provider certified by the Office of Court Administration. A court seal may be electronic.
The clerk need not send orders, notices, or other documents electronically:
when sealed or when access is otherwise restricted by law or court order; or
when an unrepresented party has not provided an e-mail address.
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.
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.
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.
accordance with the Supreme Courts 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.
Notes and Comments: 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.
Comment to 2013 Change: Rule 21 is revised to incorporate rules for electronic filing, in
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 change: 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. Nothing in Rule 21(f)(10) prohibits the clerk 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
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:
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).
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.
When Complete.
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.
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.
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.
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.
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.
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.
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.
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 215- 2b.
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. Privacy Protection for Filed Documents
Sensitive Data Defined. Sensitive data consists of:
a driver's license number, passport number, social security number, tax identification number, or similar government-issued personal identification number;
a bank account number, credit card number, or other financial account number; and
a birth date, a home address, and the name of any person who was a minor when the underlying suit was filed.
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.
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.
Notice to Clerk. If a document must contain sensitive data, the filing party must notify the clerk by:
designating the document as containing sensitive data when the document is electronically filed; or
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.
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.
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
Definitions.
Court proceeding means an appearance before the court, such as a hearing or trial.
Participant means any party, attorney, witness, court reporter, or juror who participates in a court proceeding.
Participant Method of Appearance.
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).
A court must not require:
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
a lawyer, party, or juror to appear electronically for a jury trial, absent the agreement of the parties.
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.
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.
Factors. In determining good cause under this rule, the court should consider factors such as:
case type;
court proceeding type;
the number of parties and witnesses;
the complexity of the legal and factual issues;
the type of evidence to be submitted, if any;
technological restrictions such as lack of access to or proficiency in necessary technology;
travel restrictions such as lack of transportation, distance, or inability to take off work;
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
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:
provide reasonable notice to the public of how to observe the court proceeding; and
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.
required by law. See, e.g., TEX. CONST. art. V, 7(d); TEX. GOVT 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 publics 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.
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 participants 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
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 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.
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
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.
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
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.
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.
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
in his absence complete relief cannot be accorded among those already parties, or
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
as a practical matter impair or impede his ability to protect that interest or
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.
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
the class is so numerous that joinder of all members is impracticable,
there are questions of law or fact common to the class,
the claims or defenses of the representative parties are typical of the claims or defenses of the class, and
the representative parties will fairly and adequately protect the interests of the class.
the prosecution of separate actions by or against individual members of the class would create a risk of
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
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 parties to the adjudications or substantially impair or impede their ability to protect their interests; or
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
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:
the interest of members of the class in individually controlling the prosecution or defense of separate actions;
the extent and nature of any litigation concerning the controversy already commenced by or against members of the class;
the desirability or undesirability of concentrating the litigation of the claims in the particular forum;
the difficulties likely to be encountered in the management of a class action
(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.
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).
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.
An order granting or denying certification under Rule 42(b)(3) must state:
the elements of each claim or defense asserted in the pleadings;
any issues of law or fact common to the class members;
any issues of law or fact affecting only individual class members;
the issues that will be the object of most of the efforts of the litigants and the court;
other available methods of adjudication that exist for the controversy;
why the issues common to the members of the class do or do not predominate over individual issues;
why a class action is or is not superior to other available methods for the fair and efficient adjudication of the controversy; and
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.
(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:
the nature of the action;
the definition of the class certified;
the class claims, issues, or defenses;
that a class member may enter an appearance through counsel if the member so desires;
that the court will exclude from the class any member who requests exclusion, stating when and how members may elect to be excluded; and
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 subdivision (c)(2) was directed, and who have not requested exclusion, and whom the court finds to be members of the class.
When appropriate
an action may be brought or maintained as a class action with respect to particular issues, or
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.
(A) The court must approve any settlement, dismissal, or compromise of the claims, issues, or defenses of a certified class.
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.
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.
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.
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.
(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.
Appointing Class Counsel.
Unless a statute provides otherwise, a court that certifies a class must appoint class counsel.
An attorney appointed to serve as class counsel must fairly and adequately represent the interests of the class.
In appointing class counsel, the court
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;
may consider any other matter pertinent to counsel's ability to fairly and adequately represent the interests of the class;
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
may make further orders in connection with the appointment.
Appointment Procedure.
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.
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.
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:
Motion for Award of Attorney Fees. A claim for an award of attorney fees and nontaxable costs must be made by motion, subject 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.
Objections to Motion. A class member, or a party from whom payment is sought, may object to the motion.
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.
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.
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.
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
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:
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.
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.
Rule 45. Definition and System
Pleadings in the district and county courts shall
be by petition and answer;
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
contain any other matter which may be required by any law or rule authorizing or regulating any particular action or defense.
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 short statement of the cause of action sufficient to give fair notice of the claim involved;
a statement that the damages sought are within the jurisdictional limits of the court;
except in suits governed by the Family Code, a statement that the party seeks:
only monetary relief of $250,000 or less, excluding interest, statutory or punitive damages and penalties, and attorney fees and costs;
monetary relief of $250,000 or less and non-monetary relief;
monetary relief over $250,000 but not more than $1,000,000;
monetary relief over $1,000,000; or
only non-monetary relief; and
a demand for judgment for all the other relief to which the party deems himself entitled.
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 partys 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 partys 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 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
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.
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 and Comments: 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.
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.
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.
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 73. 
Notes and Comments: 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.
Status: repealed
Repeal effective: 1990-09-01
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:
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.
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
a specific, serious and substantial interest which clearly outweighs:
this presumption of openness;
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.
all documents of any nature filed in connection with any matter before any civil court, except:
documents filed with a court in camera, solely for the purpose of obtaining a ruling on the discoverability of such documents;
documents in court files to which access is otherwise restricted by law;
documents filed in an action originally arising under the Family Code.
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.
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.
Rule 120A. 
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 paragraph 4.
all court records filed or exchanged after the effective date;
any motion to alter or vacate an order restricting access to court records, issued before the effective date.
Notes and Comments: Comment to 1990 change: New rule to establish guidelines for sealing certain court records in compliance with Government Code 22.010.
Rule 77. Lost Records and Papers
When any papers or records are lost or destroyed during the pendency of a suit, the parties may, with the approval of the judge, agree in writing on a brief statement of the matters contained therein; or either party may supply such lost records or papers as follows:
After three days' notice to the adverse party or his attorney, make written sworn motion before the court stating the loss or destruction of such record or papers, accompanied by certified copies of the originals if obtainable, or by substantial copies thereof.
If, upon hearing, the court be satisfied that they are substantial copies of the original, an order shall be made substituting such copies or brief statement for the originals.
Such substituted copies or brief statement shall be filed with the clerk, constitute a part of the cause, and have the force and effect of the originals.
Rule 78. Petition: Original and Supplemental; Indorsement
The pleading of plaintiff shall consist of an original petition, and such supplemental petitions as may be necessary in the course of pleading by the parties to the suit. The original petition and the supplemental petitions shall be indorsed, so as to show their respective positions in the process of pleading, as "original petition," "plaintiff's first supplemental petition," "plaintiff's second supplemental petition," and so on, to be successively numbered, named, and indorsed.
Rule 78A. Case Information Sheet (repealed 12.11.2018) Rule 79. The Petition
The petition shall state the names of the parties and their residences, if known, together with the contents prescribed in Rule 47 above.
Status: repealed
Rule 80. Plaintiff's Supplemental Petition
The plaintiff's supplemental petitions may contain special exceptions, general denials, and the allegations of new matter not before alleged by him, in reply to those which have been alleged by the defendant.
Rule 81. Defensive Matters
When the defendant sets up a counter claim, the plaintiff may plead thereto under rules prescribed for pleadings of defensive matter by the defendant, so far as applicable. Whenever the defendant is required to plead any matter of defense under oath, the plaintiff shall be required to plead such matters under oath when relied on by him.
Rule 82. Special Defenses
The plaintiff need not deny any special matter of defense pleaded by the defendant, but the same shall be regarded as denied unless expressly admitted.
Rule 83. Answer; Original and Supplemental; Indorsement
The answer of defendant shall consist of an original answer, and such supplemental answers as may be necessary, in the course of pleading by the parties to the suit. The original answer and the supplemental answers shall be indorsed, so as to show their respective positions in the process of pleading, as "original answer," "defendant's first supplemental answer," "defendant's second supplemental answer," and so on, to be successively numbered, named and indorsed.
Rule 84. Answer May Include Several Matters
The defendant in his answer may plead as many several matters, whether of law or fact, as he may think necessary for his defense, and which may be pertinent to the cause, and such matters shall be heard in such order as may be directed by the court, special appearance and motion to transfer venue, and the practice thereunder being excepted herefrom.
Rule 85. Original Answer; Contents
The original answer may consist of motions to transfer venue, pleas to the jurisdiction, in abatement, or any other dilatory pleas; of special exceptions, of general denial, and any defense by way of avoidance or estoppel, and it may present a cross-action, which to that extent will place defendant in the attitude of a plaintiff. Matters in avoidance and estoppel may be stated together, or in several special pleas, each presenting a distinct defense, and numbered so as to admit of separate issues to be formed on them.
Rule 120A. A Written Consent of The Parties to Transfer The Case to Another County May Be Filed with The Clerk of The Court at Any Time. a Motion to Transfer Venue Because an Impartial Trial Cannot Be Had in The County Where The Action Is Pending Is Governed by The Provisions of Rule 257.
The county where the action is pending is not a proper county; or
Mandatory venue of the action in another county is prescribed by one or more specific statutory provisions which shall be clearly designated or indicated.
The motion shall state the legal and factual basis for the transfer of the action and request transfer of the action and request transfer of the action to a specific county of mandatory or proper venue. Verification of the motion is not required. The motion may be accompanied by supporting affidavits as provided in Rule 87.
Rule 87. Determination of Motion to Transfer
Except on leave of court, any response or opposing affidavits shall be filed at least 30 days prior to the hearing of the motion to transfer. The movant is not required to file a reply to the response but any reply and any additional affidavits supporting the motion to transfer
must, except on leave of court, be filed not later than 7 days prior to the hearing date.
15.061 and 15.062 (Multiple Claims), Civil Practice and Remedies Code, has the burden to make proof, as provided in paragraph 3 of this rule, that venue is maintainable in the county of suit. A party who seeks to transfer venue of the action to another specified county under Section 15.001 (General Rule), Sections 15.011-
15.017 (Mandatory Venue), Sections 15.031-15.040 (Permissive Venue), or Sections 15.061 and 15.062 (Multiple Claims), Civil Practice and Remedies Code, has the burden to make proof, as provided in paragraph 3 of this rule, that venue is maintainable in the county to which transfer is sought. A party who seeks to transfer venue of the action to another specified county under Sections 15.011-15.017, Civil Practice and Remedies Code on the basis that a mandatory venue provision is applicable and controlling has the burden to make proof, as provided in paragraph 3 of this rule, that venue is maintainable in the county to which transfer is sought by virtue of one or more mandatory venue exceptions.
Rule 255. A Motion to Transfer Venue on The Basis that an Impartial Trial Cannot Be Had in The Courts Where The Action Is Pending Shall Be Determined in Accordance with Rules 258 and 259.
specifically denied, the party pleading the venue fact must make prima facie proof of that venue fact; provided, however, that no party shall ever be required for venue purposes to support prima facie proof the existence of a cause of action or part thereof, and at the hearing the pleadings of the parties shall be taken as conclusive on the issues of existence of a cause of action. Prima facie proof is made when the venue facts are properly pleaded and an affidavit, and any duly proved attachments to the affidavit, are filed fully and specifically setting forth the facts supporting such pleading. Affidavits shall be made on personal knowledge, shall set forth specific facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify.
Rule 88. 
If a claimant has adequately pleaded and made prima facie proof that venue is proper in the county of suit as provided in subdivision (a) of paragraph 3, then the cause shall not be transferred but shall be retained in the county of suit, unless the motion to transfer is based on the grounds that an impartial trial cannot be had in the county where the action is pending as provided in Rules 257-259 or on an established ground of mandatory venue. A ground of mandatory venue is established when the party relying upon a mandatory exception to the general rule makes prima facie proof as provided in subdivision (a) of paragraph 3 of this rule.
In the event that the parties shall fail to make prima facie proof that the county of suit or the specific county to which transfer is sought is a county of proper venue, then the court may direct the parties to make further proof.
Parties who are added subsequently to an action and are precluded by this Rule from having a motion to transfer considered may raise the propriety of venue on appeal, provided that the party has timely filed a motion to transfer.
There shall be no interlocutory appeals from such determination.
Notes and Comments: Comment to 1990 change: To clarify that no proof of any kind is required of any party to establish any element of a cause of action or part thereof; proof is restricted to place, if any, and the pleadings establish all other elements and may not be controverted for venue purposes as to the existence of a cause of action or part thereof.
Rule 88. Discovery and Venue
Discovery shall not be abated or otherwise affected by pendency of a motion to transfer venue. Issuing process for witnesses and taking depositions shall not constitute a waiver of a motion to transfer venue, but depositions taken in such case may be read in evidence in any subsequent suit between the same parties concerning the same subject matter in like manner as if taken in such subsequent suit. Deposition transcripts, responses to requests for admission, answers to interrogatories and other discovery products containing information relevant to a determination of proper venue may be considered by the court in making the venue determination when they are attached to, or incorporated by reference in, an affidavit of a party, a witness or an attorney who has knowledge of such discovery.
Rule 89. Transferred If Motion Is Sustained
If a motion to transfer venue is sustained, the cause shall not be dismissed, but the court shall transfer said cause to the proper court; and the costs incurred prior to the time such suit is filed in the court to which said cause is transferred shall be taxed against the plaintiff. The clerk shall make up a transcript of all the orders made in said cause, certifying thereto officially under the seal of the court, and send it with the original papers in the cause to the clerk of the court to which the venue has been changed. Provided, however, if the cause be severable as to parties defendant and shall be ordered transferred as to one or more defendants but not as to all, the clerk, instead of sending the original papers, shall make certified copies of such filed papers as directed by the court and forward the same to the clerk of the court to which the venue has been changed. After the cause has been transferred, as above provided for the clerk of the court to which the cause has been transferred shall mail notification to the plaintiff or his attorney that transfer of the cause has been completed, that the filing fee in the proper court is due and payable within thirty days from the mailing of such notification, and that the case may be dismissed if the filing fee is not timely paid; and if such filing fee is timely paid, the cause will be subject to trial at the expiration of thirty days after the mailing of notification to the parties or their attorneys by the clerk that the papers have been filed in the court to which the cause has been transferred; and if the filing fee is not timely paid, any court of the transferee county to which the case might have been assigned, upon its own motion or the motion of a party, may dismiss the cause without prejudice to the refiling of same.
Rule 90. Waiver of Defects in Pleading
General demurrers shall not be used. Every defect, omission or fault in a pleading either of form or of substance, which is not specifically pointed out by exception in writing and brought to the attention of the judge in the trial court before the instruction or charge to the jury or, in a non-jury case, before the judgment is signed, shall be deemed to have been waived by the party seeking reversal on such account; provided that this rule shall not apply as to any party against whom default judgment is rendered.
Rule 91. Special Exceptions
A special exception shall not only point out the particular pleading excepted to, but it shall also point out intelligibly and with particularity the defect, omission, obscurity, duplicity, generality, or other insufficiency in the allegations in the pleading excepted to.
Rule 91A. Dismissal of Baseless Causes of Action
filed within 60 days after the first pleading containing the challenged cause of action is served on the movant;
filed at least 21 days before the motion is heard; and
granted or denied within 45 days after the motion is filed.
The court may not rule on a motion to dismiss if, at least 3 days before the date of the hearing, the respondent files a nonsuit of the challenged cause of action, or the movant files a withdrawal of the motion.
If the respondent amends the challenged cause of action at least 3 days before the date of the hearing, the movant may, before the date of the hearing, file a withdrawal of the motion or an amended motion directed to the amended cause of action.
Except by agreement of the parties, the court must rule on a motion unless it has been withdrawn or the cause of action has been nonsuited in accordance with (a) or
(b). In ruling on the motion, the court must not consider a nonsuit or amendment not filed as permitted by paragraphs (a) or (b).
An amended motion filed in accordance with (b) restarts the time periods in this rule.