Part II. Rules of Practice in District and County Courts
Rule 92. General Denial
A general denial of matters pleaded by the adverse party which are not required to be denied under oath, shall be sufficient to put the same in issue. When the defendant has pleaded a general denial, and the plaintiff shall afterward amend his pleading, such original denial shall be presumed to extend to all matters subsequently set up by the plaintiff.
When a counterclaim or cross-claim is served upon a party who has made an appearance in the action, the party so served, in the absence of a responsive pleading, shall be deemed to have pleaded a general denial of the counterclaim or cross-claim, but the party shall not be deemed to have waived any special appearance or motion to transfer venue. In all other respects the rules prescribed for pleadings of defensive matter are applicable to answers to counterclaims and cross- claims.
Rule 93. Certain Pleas to Be Verified
A pleading setting up any of the following matters, unless the truth of such matters appear of record, shall be verified by affidavit.
That the plaintiff has not legal capacity to sue or that the defendant has not legal capacity to be sued.
That the plaintiff is not entitled to recover in the capacity in which he sues, or that the defendant is not liable in the capacity in which he is sued.
That there is another suit pending in this State between the same parties involving the same claim.
That there is a defect of parties, plaintiff or defendant.
A denial of partnership as alleged in any pleading as to any party to the suit.
That any party alleged in any pleading to be a corporation is not incorporated as alleged.
Denial of the execution by himself or by his authority of any instrument in writing, upon which any pleading is founded, in whole or in part and charged to have been executed by him or by his authority, and not alleged to be lost or destroyed. Where such instrument in writing is charged to have been executed by a person then deceased, the affidavit shall be sufficient if it states that the affiant has reason to believe and does believe that such instrument was not executed by the decedent or by his authority. In the absence of such a sworn plea, the instrument shall be received in evidence as fully proved.
A denial of the genuineness of the indorsement or assignment of a written instrument upon which suit is brought by an indorsee or assignee and in the absence of such a sworn plea, the indorsement or assignment thereof shall be held as fully proved. The denial required by this subdivision of the rule may be made upon information and belief.
That a written instrument upon which a pleading is founded is without consideration, or that the consideration of the same has failed in whole or in part.
A denial of an account which is the foundation of the plaintiff's action, and supported by affidavit.
That a contract sued upon is usurious. Unless such plea is filed, no evidence of usurious interest as a defense shall be received.
That notice and proof of loss or claim for damage has not been given as alleged. Unless such plea is filed such notice and proof shall be presumed and no evidence to the contrary shall be admitted. A denial of such notice or such proof shall be made specifically and with particularity.
In the trial of any case appealed to the court from the Industrial Accident Board the following, if pleaded, shall be presumed to be true as pleaded and have been done and filed in legal time and manner, unless denied by verified pleadings:
Notice of injury.
Claim for Compensation.
Award of the Board.
Notice of intention not to abide by the award of the Board.
Filing of suit to set aside the award.
That the insurance company alleged to have been the carrier of the workers'
compensation insurance at the time of the alleged injury was in fact the carrier thereof.
That there was good cause for not filing claim with the Industrial Accident Board within the one year period provided by statute.
Wage rate.
A denial of any of the matters set forth in subdivisions (a) or (g) of paragraph 13 may be made on information and belief.
Any such denial may be made in original or amended pleadings; but if in amended pleadings the same must be filed not less than seven days before the case proceeds to trial. In case of such denial the things so denied shall not be presumed to be true, and if essential to the case of the party alleging them, must be proved.
That a party plaintiff or defendant is not doing business under an assumed name or trade name as alleged.
In the trial of any case brought against an automobile insurance company by an insured under the provisions of an insurance policy in force providing protection against uninsured motorists, an allegation that the insured has complied with all the terms of the policy as a condition precedent to bringing the suit shall be presumed to be true unless denied by verified pleadings which may be upon information and belief.
Any other matter required by statute to be pleaded under oath.
Rule 94. Affirmative Defenses
In pleading to a preceding pleading, a party shall set forth affirmatively accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute of frauds, statute of limitations, waiver, and any other matter constituting an avoidance or affirmative defense. Where the suit is on an insurance contract which insures against certain general hazards, but contains other provisions limiting such general liability, the party suing on such contract shall never be required to allege that the loss was not due to a risk or cause coming within any of the exceptions specified in the contract, nor shall the insurer be allowed to raise such issue unless it shall specifically allege that the loss was due to a risk or cause coming within a particular exception to the general liability; provided that nothing herein shall be construed to change the burden of proof on such issue as it now exists.
Rule 95. Pleas of Payment
When a defendant shall desire to prove payment, he shall file with his plea an account stating
distinctly the nature of such payment, and the several items thereof; failing to do so, he shall not be allowed to prove the same, unless it be so plainly and particularly described in the plea as to give the plaintiff full notice of the character thereof.
Rule 96. No Discontinuance
Where the defendant has filed a counterclaim seeking affirmative relief, the plaintiff shall not be permitted by a discontinuance of his suit, to prejudice the right of the defendant to be heard on such counterclaim.
Rule 97. Counterclaim and Cross-claim
Tort shall not be the subject of set-off or counterclaim against a contractual demand nor a contractual demand against tort unless it arises out of or is incident to or is connected with same.
Rule 98. Supplemental Answers
The defendant's supplemental answers may contain special exceptions, general denial, and the allegations of new matter not before alleged by him, in reply to that which has been alleged by the plaintiff.
Rule 99. Issuance and Form of Citation
the clerk. Find out more at TexasLawHelp.org."
Rule 102. 
Process including citation and other notices, writs, orders, and other papers issued by the court may be served anywhere by (1) any sheriff or constable or other person authorized by law, (2) any person authorized by law or by written order of the court who is not less than eighteen years of age, or (3) any person certified under order of the Supreme Court. Service by registered or certified mail and citation by publication must, if requested, be made by the clerk of the court in which the case is pending. But no person who is a party to or interested in the outcome of a suit may serve any process in that suit, and, unless otherwise authorized by a written court order, only a sheriff or constable may serve a citation in an action of forcible entry and detainer, a writ that requires the actual taking of possession of a person, property or thing, or process requiring that an enforcement action be physically enforced by the person delivery the process. The order authorizing a person to serve process may be made without written motion and no fee may be imposed for issuance of such order.
Notes and Comments: Comment to 1988 change: The amendment makes clear that the courts are permitted to authorize persons other than Sheriffs or Constables to serve Citation. Further, Sheriffs or Constables are not restricted to service in their county. The last sentence is added to avoid the necessity of motions and fees.
Comment- 2005: The rule is amended to include among the persons authorized to effect service those who meet certification requirements promulgated by the Supreme Court and to prohibit private individuals from serving certain types of process unless, in rare circumstances, a court authorizes an individual to do so.
Status: repealed
Repeal effective: 1988-01-01
Rule 105. Duty of Officer or Person Receiving
The officer or authorized person to whom process is delivered shall endorse thereon the day and hour on which he received it, and shall execute and return the same without delay.
Rule 106. Method of Service
Unless the citation or court order otherwise directs, the citation must be served by:
delivering to the defendant, in person, a copy of the citation, showing the delivery date, and of the petition; or
mailing to the defendant by registered or certified mail, return receipt requested, a copy of the citation and of the petition.
Upon motion supported by a statementsworn to before a notary or made under penalty of perjurylisting any location where the defendant can probably be found and stating specifically the facts showing that service has been attempted under (a)(1) or (a)(2) at the location named in the statement but has not been successful, the court may authorize service:
by leaving a copy of the citation and of the petition with anyone older than sixteen at the location specified in the statement; or
in any other manner, including electronically by social media, email, or other technology, that the statement or other evidence shows will be reasonably effective to give the defendant notice of the suit.
Notes and Comments: Comment to 1988 change: Conforms to amendment to Rule 103.
Comment to 2020 Change: Rule 106 is revised in response to section 17.033 of the Civil Practice and Remedies Code, which calls for rules to provide for substituted service of citation by social media. Amended Rule 106(b)(2) clarifies that a court may, in proper circumstances, permit service of citation electronically by social media, email, or other technology. In determining whether to permit electronic service of process, a court should consider whether the technology actually belongs to the defendant and whether the defendant regularly uses or recently used the technology. Other clarifying and stylistic changes have been made.
Rule 107. Return of Service
The officer or authorized person executing the citation must complete a return of service.
The return may, but need not, be endorsed on or attached to the citation.
The return, together with any documents to which it is attached, must include the following information:
the cause number and case name;
the court in which the case is filed;
a description of what was served;
the date and time the process was received for service;
the person or entity served;
the address served;
the date of service or attempted service;
the manner of delivery of service or attempted service;
the name of the person who served or attempted to serve the process;
if the person named in (9) is a process server certified under order of the Supreme Court, his or her identification number and the expiration date of his or her certification; and
any other information required by rule or law.
When the citation was served by registered or certified mail as authorized by Rule 106, the return by the officer or authorized person must also contain the return receipt with the addressees signature.
When the officer or authorized person has not served the citation, the return shall show the diligence used by the officer or authorized person to execute the same and the cause of failure to execute it, and where the defendant is to be found, if ascertainable.
The officer or authorized person who serves or attempts to serve a citation must sign the return. If the return is signed by a person other than a sheriff, constable, or the clerk of the court, the return must either be verified or be signed under penalty of perjury. A return signed under penalty of perjury must contain the statement below in substantially the following form:
My name is , my date of birth is , and (First) (Middle) (Last)
my address is , , , , and
(Street) (City) (State) (Zip Code)
. I declare under penalty of perjury that the foregoing is true and correct. (Country)
Executed in County, State of , on the day of ,
(Month)
. Year
.
(Declarant)
Where citation is executed by an alternative method as authorized by Rule 106, proof of service shall be made in the manner ordered by the court.
The return and any document to which it is attached must be filed with the court and may be filed electronically or by facsimile, if those methods of filing are available.
No default judgment shall be granted in any cause until proof of service as provided by this rule or by Rules 108 or 108a, or as ordered by the court in the event citation is executed by an alternative method under Rule 106, shall have been on file with the clerk of the court ten days, exclusive of the day of filing and the day of judgment.
Notes and Comments: Comment to 1988 change: Amendments are made to conform to changes in Rule 103.
Comment to 1990 change: To state more directly that a default judgment can be obtained when the defendant has been served with process in a foreign country pursuant to the provisions of Rules 108 or 108a.
2021 Comment: Certain default orders, like those in suits for protection from family violence, may be exempt by statute from the ten-day requirement in paragraph (h). See, e.g., TEX. FAM. CODE 85.006.
Rule 108. Service in Another State
Where the defendant is absent from the State, or is a nonresident of the State, the form of notice to such defendant of the institution of the suit shall be the same as prescribed for citation to a resident defendant; and such notice may be served by any disinterested person who is not less than eighteen years of age, in the same manner as provided in Rule 106 hereof. The return of service in such cases shall be completed in accordance with Rule 107. A defendant served with such notice shall be required to appear and answer in the same manner and time and under the same penalties as if he had been personally served with a citation within this State to the full extent that he may be required to appear and answer under the Constitution of the United States in an action either in
rem or in personam.
Rule 108A. Service of Process in Foreign Countries
Method. Service of process may be effected on a party in a foreign country if the citation and petition is served:
as prescribed by the foreign countrys law for service in that country in an action in its courts of general jurisdiction;
as the foreign authority directs in response to a letter rogatory or letter of request;
as provided by Rule 106(a);
pursuant to the terms and provisions of any applicable international agreement;
by diplomatic or consular officials when authorized by the United States Department of State; or
by other means not prohibited by international agreement or the foreign countrys law, as the court orders.
The method for service of process in a foreign country must be reasonably calculated, under all of the circumstances, to give actual notice of the proceedings to the defendant in time to answer and defend. A defendant served with process under this rule must appear and answer in the same manner and time and under the same penalties as if the defendant had been personally served with citation within this state to the full extent that the defendant may be required to appear and answer under the Constitution of the United States or under any applicable international agreement in an action either in rem or in personam.
Return. Proof of service may be made as prescribed by the foreign countrys law, by court order, by Rule 107, or by a method provided in any applicable international agreement.
Notes and Comments: Comment to 2020 Change: Rule 108a is revised to provide that other means of service ordered under (a)(6) must not be prohibited by international agreement. Other clarifying and stylistic changes have been made.
Rule 109. Citation by Publication
When a party to a suit, his agent or attorney, shall make oath that the residence of any party defendant is unknown to affiant, and to such party when the affidavit is made by his agent or attorney, or that such defendant is a transient person, and that after due diligence such party and the affiant have been unable to locate the whereabouts of such defendant, or that such defendant
is absent from or is a nonresident of the State, and that the party applying for the citation has attempted to obtain personal service of nonresident notice as provided for in Rule 108, but has been unable to do so, the clerk shall issue citation for such defendant for service by publication. In such cases it shall be the duty of the court trying the case to inquire into the sufficiency of the diligence exercised in attempting to ascertain the residence or whereabouts of the defendant or to obtain service of nonresident notice, as the case may be, before granting any judgment on such service.
Rule 109A. Other Substituted Service
Whenever citation by publication is authorized, the court may, on motion, prescribe a different method of substituted service, if the court finds, and so recites in its order, that the method so prescribed would be as likely as publication to give defendant actual notice. When such method of substituted service is authorized, the return of the officer executing the citation shall state particularly the manner in which service is accomplished, and shall attach any return receipt, returned mail, or other evidence showing the result of such service. Failure of defendant to respond to such citation shall not render the service invalid. When such substituted service has been obtained and the defendant has not appeared, the provisions of Rules 244 and 329 shall apply as if citation had been served by publication.
Rule 110. Effect of Rules on Other Statutes
Where by statute or these rules citation by publication is authorized and the statute or rules do not specify the requisites of such citation or the method of service thereof, or where they direct that such citation be issued or served as in other civil actions, the provisions of these rules shall govern. Where, however, the statute authorizing citation by publication provides expressly for requisites of such citation or service thereof, or both, differing from the provisions of Rules 114, 115, and 116, these rules shall not govern, but the special statutory procedure shall continue in force; provided, however, that Rule 117a shall control with respect to citation in tax suits.
Rule 111. Citation by Publication in Action Against Unknown Heirs or Stockholders of Defunct Corporations
If the plaintiff, his agent, or attorney, shall make oath that the names of the heirs or stockholders against whom an action is authorized by Section 17.004, Civil Practice and Remedies Code, are unknown to the affiant, the clerk shall issue a citation for service by publication. Such citation shall be addressed to the defendants by a concise description of their classification, as "the Unknown Heirs of A.B., deceased," or "Unknown Stockholders of Corporation," as the case may be, and shall contain the other requisites prescribed in Rules 114 and 115 and shall be served as provided by Rule 116.
Rule 112. Parties to Actions Against Unknown Owners or Claimants of Interest in Land
In suits authorized by Section 17.005, Civil Practice and Remedies Code, all persons claiming under such conveyance whose names are known to plaintiff shall be made parties by name and cited to appear, in the manner now provided by law as in other suits; all other persons claiming any interest in such land under such conveyance may be made parties to the suit and cited by publication under the designation "all persons claiming any title or interest in land under deed heretofore given to of as grantee" (inserting in the blanks the name and residence of grantee as given in such conveyance). It shall be permissible to join in one suit all persons claiming under two or more conveyances affecting title to the same tract of land.
Rule 113. Citation by Publication in Actions Against Unknown Owners or Claimants of Interest in Land
In suits authorized by Section 17.005, Civil Practice and Remedies Code, plaintiff, his agent or attorney shall make and file with the clerk of the court an affidavit, stating
the name of the grantee as set out in the conveyance constituting source of title of defendants, and
stating that affiant does not know the names of any persons claiming title or interest under such conveyance other than as stated in plaintiff's petition and
if the conveyance is to a company or association name as grantee, further stating whether grantee is incorporated or unincorporated, if such fact is known, and if such fact is unknown, so stating.
Said clerk shall thereupon issue a citation for service upon all persons claiming any title or interest in such land under such conveyance. The citation in such cases shall contain the requisites and be served in the manner provided in Rules 114, 115 and 116.
Rule 114. Citation by Publication; Requisites
Where citation by publication is authorized by these rules, the citation shall contain the requisites prescribed by Rules 15 and 99, in so far as they are not inconsistent herewith, provided that no copy of the plaintiff's petition shall accompany this citation, and the citation shall be styled "The State of Texas" and shall be directed to the defendant or defendants by name, if their names are known, or to the defendant or defendants as designated in the petition, if unknown, or such other classification as may be fixed by any statute or by these rules. Where there are two or more defendants or classes of defendants to be served by publication, the citation may be directed to all of them by name and classification, so that service may be completed by publication of the one citation for the required number of times. The citation shall contain the names of the parties, a brief statement of the nature of the suit (which need not contain the details and particulars of the claim)
a description of any property involved and of the interest of the named or unknown defendant or defendants, and, where the suit involves land, the requisites of Rule 115. If issued from the district or county court, the citation shall command such parties to appear and answer at or before 10 o'clock a.m. of the first Monday after the expiration of 42 days from the date of issuance thereof, specifying the day of the week, the day of the month, and the time of day the defendant is required to answer. If issued from the justice of the peace court, such citation shall command such parties to appear and answer on or before the first day of the first term of court which convenes after the expiration of 42 days from the date of issue thereof, specifying the day of the week, and the day of the month, that such term will meet.
Rule 115. Form of Published Citation in Actions Involving Land
In citations by publication involving land, it shall be sufficient in making the brief statement of the claim in such citation to state the kind of suit, the number of acres of land involved in the suit, or the number of the lot and block, or any other plat description that may be of record if the land is situated in a city or town, the survey on which and the county in which the land is situated, and any special pleas which are relied upon in such suit.
Rule 116. Service of Citation by Publication
Public Information Internet Website Defined. Public Information Internet Website means the website developed and maintained under section 72.034 of the Government Code.
Where to Publish.
Generally. Except as otherwise provided in (2), the citation must be served by publication in a newspaper under (c) and on the Public Information Internet Website under (d).
When Newspaper Publication Not Required. The citation need not be published in a newspaper if:
the party requesting citation files a Statement of Inability to Afford Payment of Court Costs under Rule 145;
the total cost of the required publication exceeds $200 each week or an amount set by the Supreme Court, whichever is greater; or
the county in which the publication is required does not have any newspaper published, printed, or generally circulated in the county.
Newspaper Publication.
Who Must Serve. The citation must be served by any sheriff or constable or by the clerk of the court in which the case is pending.
Time for Publication. The citation must be published once each week for 4 consecutive weeks, and the first publication must be at least 28 days before the return is filed.
Suits Not Involving Land Title or Real Estate Partition. In all suits that do not involve the title to land or the partition of real estate, the citation must be published in a newspaper in the county where the suit is pending.
Suits Involving Land Title or Real Estate Partition. In all suits that involve the title to land or partition of real estate, the citation must be published in a newspaper in the county where the land, or a portion thereof, is situated.
Public Information Internet Website Publication.
Who Must Serve. The citation must be served by the clerk of the court in which the case is pending.
Time for Publication. The citation must be published for at least 28 days before the return is filed.
Other Guidelines. The citation must be published in accordance with any other guidelines established by the Office of Court Administration.
Notes and Comments: Comment to 2020 change: Rule 116 is amended to implement section 72.034(d) of the Government Code.
Rule 117. Return of Citation by Publication
Return of Citation by Newspaper Publication. If the citation was served by newspaper publication, the return must state how the citation was published, specify the dates of publication, be signed by the officer who served the citation, and be accompanied by an image of the publication.
Return of Citation by Public Information Internet Website Publication. If the citation was served by publication on the Public Information Internet Website, the return must specify the dates of publication and be generated by the Office of Court Administration.
Rule 117A. Citation in Suits for Delinquent Ad Valorem Taxes
In all suits for collection of delinquent ad valorem taxes, the rules of civil procedure governing issuance and service of citation shall control the issuance and service of citation therein, except as herein otherwise specially provided.
Rule 108. 
An affidavit which complies with the foregoing requirements therefor shall be sufficient basis for the citation above mentioned in connection with it but shall be held to be made upon the criminal responsibility of affiant.
Such citation by publication shall be directed to the defendants by names or by designation as hereinabove provided, and shall be issued and signed by the clerk of the court in which such tax suit is pending. It shall be sufficient if it states the file number and style of the case, the date of the filing of the petition, the names of all parties by name or by designation as hereinabove provided, and the court in which the suit is pending; shall command such parties to appear and defend such suit at or before 10 o'clock a.m. of the first Monday after the expiration of forty-two days from the date of the issuance thereof, specifying such date when such parties are required to answer; shall state the place of holding the court, the nature of the suit, and the date of the issuance of the citation; and shall be signed and sealed by the clerk.
The citation shall be published in the English language one time a week for two weeks in some newspaper published in the county in which the property is located, which newspaper must have been in general circulation for at least one year immediately prior to the first publication and shall in every respect answer the requirements of the law applicable to newspapers which are employed for such a purpose, the first publication to be not less than twenty-eight days prior to the return day fixed in the citation; and the affidavit of the editor or publisher of the newspaper giving the date of publication, together with a printed copy of the citation as published, shall constitute sufficient proof of due publication when returned and filed in court. If there is no newspaper published in the county, then the publication may be made in a newspaper in an adjoining county, which newspaper shall in every respect answer the requirements of the law applicable to newspapers which are employed for such a purpose. The maximum fee for publishing the citation shall be the lowest published word or line rate of that newspaper for classified advertising. If the publication of the citation cannot be had for this fee, chargeable as costs and payable upon sale of the property, as provided by law, and this fact is supported by the affidavit of the attorney for the plaintiff or the attorney requesting the issuance of the process, then service of the citation may be made by posting a copy at the courthouse door of the county in which the suit is pending, the citation to be posted at least twenty-eight days prior to the return day fixed in the citation. Proof of the posting of the citation shall be made by affidavit of the attorney for the plaintiff, or of the person posting it. When citation is served as here provided it shall be sufficient, and no other form of citation or notice to the named defendants therein shall be necessary.
the (establishment and foreclosure) of liens, if any, securing the payment of same, as provided by law; that in addition to the taxes all interest, penalties, and costs allowed by law up to and including the day of judgment are included in the suit; and that all parties to the suit, including plaintiff, defendants, and intervenors, shall take notice that claims for any taxes on said property becoming delinquent subsequent to the filing of the suit and up to the day of judgment, together with all interest, penalties, and costs allowed by law thereon, may, upon request therefor, be recovered therein without further citation or notice to any parties thereto. Such citation need not be accompanied by a copy of plaintiff's petition and no such copy need be served. Such citation shall also show the names of all taxing units which assess and collect taxes on said property not made parties to such suit, and shall contain, in substance, a recitation that each party to such suit shall take notice of, and plead and answer to, all claims and pleadings then on file or thereafter filed in said cause by all other parties therein, or who may intervene therein and set up their respective tax claims against said property. After citation or notice has been given on behalf of any plaintiff or intervenor taxing unit, the court shall have jurisdiction to hear and determine the tax claims of all taxing units whoare parties plaintiff, intervenor or defendant at the time such process is issued and of all taxing units intervening after such process is issued, not only for the taxes, interest, penalties, and costs which may be due on said property at the time the suit is filed, but those becoming delinquent thereon at any time thereafter up to and including the day of judgment, without the necessity of further citation or notice to any party to said suit; and any taxing unit having a tax claim against said property may, by answer or intervention, set up and have determined its tax claim without the necessity of further citation or notice to any parties to such suit.
THE STATE OF TEXAS ) COUNTY OF )
In the name and by the authority of the State of Texas Notice is hereby given as follows:
To
and any and all other persons, including adverse claimants, owning or having or claiming any legal or equitable interest in or lien upon the following described property delinquent to Plaintiff herein, for taxes, to-wit:
Which said property is delinquent to Plaintiff for taxes in the following amounts:
$ , exclusive of interest, penalties, and costs, and there is included in this suit in addition to the taxes all said interest, penalties, and costs thereon, allowed by law up to and including the day of judgment herein.
You are hereby notified that suit has been brought by as Plaintiffs, against
as Defendants, by petition filed on the day of
, 19 , in a certain suit styled v.
for collection of the taxes on said property and that said suit is now pending in the District Court of County, Texas, Judicial District, and the file number of said suit is , that the names of all taxing units which assess and collect taxes on the property hereinabove described, not made parties to this suit, are .
Plaintiff and all other taxing units who may set up their tax claims herein seek recovery of delinquent ad valorem taxes on the property hereinabove described, and in addition to the taxes all interest, penalties, and costs allowed by law thereon up to and including the day of judgment herein, and the establishment and foreclosure of liens, if any, securing the payment of same, as provided by law.
All parties to this suit, including plaintiff, defendants, and intervenors, shall take notice that claims not only for any taxes which were delinquent on said property at the time this suit was filed but all taxes becoming delinquent thereon at any time thereafter up to the day of judgment, including all interest, penalties, and costs allowed by law thereon, may, upon request therefor, be recovered herein without further citation or notice to any parties herein, and all said parties shall take notice of and plead and answer to all claims and pleadings now on file and which may hereafter be filed in said cause by all other parties herein, and all of those taxing units above named who may intervene herein and set up their respective tax claims against said property.
You are hereby commanded to appear and defend such suit on the first Monday after the expiration of forty-two (42) days from and after the date of issuance hereof, the same being the
day of , A.D., 19 (which is the return day of such citation), before the honorable District Court of County, Texas, to be held at the courthouse thereof, then and there to show cause why judgment shall not be rendered for such taxes, penalties, interest, and costs, and condemning said property and ordering foreclosure of the constitutional and statutory tax liens thereon for taxes due the plaintiff and the taxing units parties hereto, and those who may intervene herein, together with all interest, penalties, and costs allowed by law up to and including the day of judgment herein, and all costs of this suit.
Issued and given under my hand and seal of said court in the City of ,
County, Texas, this day of , A.D., 19 .
Clerk of the District Court.
County, Texas, Judicial District.
THE STATE OF TEXAS
To , Defendant, GREETING:
YOU ARE HEREBY COMMANDED to appear and answer before the Honorable District Court,
Judicial District, County, Texas, at the Courthouse of said county in , Texas, at or before 10 o'clock a.m. of the Monday next after the expiration of 20 days from the date of service of this citation, then and there to answer the petition of , Plaintiff, filed in said Court on the day of
, A.D., 19 , against , Defendant, said suit being number on the docket of said Court, the nature of which demand is a suit to collect delinquent ad valorem taxes on the property hereinafter described.
The amount of taxes due Plaintiff, exclusive of interest, penalties, and costs, is the sum of $
, said property being described as follows, to-wit:
The names of all taxing units which assess and collect taxes on said property, not made parties to this suit, are:
Plaintiff and all other taxing units who may set up their tax claims herein seek recovery of delinquent ad valorem taxes on the property hereinabove described, and in addition to the taxes all interest, penalties, and costs allowed by law thereon up to and including the day of judgment herein, and the establishment and foreclosure of liens securing the payment of same, as provided by law. All parties to this suit, including plaintiff, defendants, and intervenors, shall take notice that claims not only for any taxes which were delinquent on said property at the time this suit was filed but all taxes becoming delinquent thereon at any time thereafter up to the day of judgment, including all interest, penalties, and costs allowed by law thereon, may, upon request therefor, be recovered herein without further citation or notice to any parties herein, and all said parties shall take notice of and plead and answer to all claims and pleadings now on file and which may hereafter be filed in this cause by all other parties hereto, and by all of those taxing units above named, who may intervene herein and set up their respective tax claims against said property.
If this citation is not served within 90 days after the date of its issuance, it shall be returned unserved.
The officer executing this return shall promptly serve the same according to the requirements of law and the mandates hereof and make due return as the law directs.
Issued and given under my hand and seal of said Court at , Texas, this the
day of , A.D., 19 .
Clerk of the District Court of
County, Texas. By , Deputy.
Notes and Comments: Comment to 1988 change: This amendment updates the fee schedule for service of citation of publications to an acceptable fee level for both litigants and the publications.
Rule 118. Amendment
At any time in its discretion and upon such notice and on such terms as it deems just, the court may allow any process or proof of service thereof to be amended, unless it clearly appears that material prejudice would result to the substantial rights of the party against whom the process issued.
Rule 119. Acceptance of Service
The defendant may accept service of process, or waive the issuance or service thereof by a written memorandum signed by him, or by his duly authorized agent or attorney, after suit is brought, sworn to before a proper officer other than an attorney in the case, and filed among the papers of the cause, and such waiver or acceptance shall have the same force and effect as if the citation had been issued and served as provided by law. The party signing such memorandum shall be delivered a copy of plaintiff's petition, and the receipt of the same shall be acknowledged in such memorandum. In every divorce action such memorandum shall also include the defendant's mailing address.
Rule 119A. Copy of Decree
The district clerk shall forthwith mail a certified copy of the final divorce decree or order of dismissal to the party signing a memorandum waiving issuance or service of process. Such divorce decree or order of dismissal shall be mailed to the signer of the memorandum at the address stated
in such memorandum or to the office of his attorney of record.
Rule 120. Entering Appearance
Notes and Comments: The defendant may, in person, or by attorney, or by his duly authorized agent, enter an appearance in open court. Such appearance shall be noted by the judge upon his docket and entered in the minutes, and shall have the same force and effect as if the citation had been duly issued and served as provided by law.
Rule 120A. Special Appearance
Notwithstanding the provisions of Rules 121, 122 and 123, a special appearance may be made by any party either in person or by attorney for the purpose of objecting to the jurisdiction of the court over the person or property of the defendant on the ground that such party or property is not amenable to process issued by the courts of this State. A special appearance may be made as to an entire proceeding or as to any severable claim involved therein. Such special appearance shall be made by sworn motion filed prior to motion to transfer venue or any other plea, pleading or motion; provided however, that a motion to transfer venue and any other plea, pleading, or motion may be contained in the same instrument or filed subsequent thereto without waiver of such special appearance; and may be amended to cure defects. The issuance of process for witnesses, the taking of depositions, the serving of requests for admissions, and the use of discovery processes, shall not constitute a waiver of such special appearance. Every appearance, prior to judgment, not in compliance with this rule is a general appearance.
Any motion to challenge the jurisdiction provided for herein shall be heard and determined before a motion to transfer venue or any other plea or pleading may be heard. No determination of any issue of fact in connection with the objection to jurisdiction is a determination of the merits of the case or any aspect thereof.
The court shall determine the special appearance on the basis of the pleadings, any stipulations made by and between the parties, such affidavits and attachments as may be filed by the parties, the results of discovery processes, and any oral testimony. The affidavits, if any, shall be served at least seven days before the hearing, 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.
Should it appear from the affidavits of a party opposing the motion that he cannot for reasons stated present by affidavit facts essential to justify his opposition, the court may order a continuance to permit affidavits to be obtained or depositions to be taken or discovery to be had or may make such other order as is just.
Should it appear to the satisfaction of the court at any time that any of such affidavits are presented in violation of Rule 13, the court shall impose sanctions in accordance with that rule.
If the court sustains the objection to jurisdiction, an appropriate order shall be entered. If the objection to jurisdiction is overruled, the objecting party may thereafter appear generally for any purpose. Any such special appearance or such general appearance shall not be deemed a waiver of the objection to jurisdiction when the objecting party or subject matter is not amenable to process issued by the courts of this State.
Rule 121. Answer Is Appearance
An answer shall constitute an appearance of the defendant so as to dispense with the necessity for the issuance or service of citation upon him.
Rule 122. Constructive Appearance
If the citation or service thereof is quashed on motion of the defendant, such defendant shall be deemed to have entered his appearance at ten o'clock a.m. on the Monday next after the expiration of twenty (20) days after the day on which the citation or service is quashed, and such defendant shall be deemed to have been duly served so as to require him to appear and answer at that time, and if he fails to do so, judgment by default may be rendered against him.
Rule 123. Reversal of Judgment
Where the judgment is reversed on appeal or writ of error for the want of service, or because of defective service of process, no new citation shall be issued or served, but the defendant shall be presumed to have entered his appearance to the term of the court at which the mandate shall be filed.
Rule 124. No Judgment Without Service
In no case shall judgment be rendered against any defendant unless upon service, or acceptance or waiver of process, or upon an appearance by the defendant, as prescribed in these rules, except where otherwise expressly provided by law or these rules.
When a party asserts a counterclaim or a cross-claim against another party who has entered an appearance, the claim may be served in any manner prescribed for service of citation or as provided in Rule 21(a).
Rule 125. Parties Responsible
Each party to a suit shall be liable to the officers of the court for all costs incurred by himself.
Rule 126. Fee for Service of Process in a County Other than in The County of Suit
General Rule: Fee Due Before Service. A sheriff or constable may require payment before serving process in a case pending in a county other than the county in which the sheriff or constable is an officer.
Exception: Statement of Inability to Afford Payment of Court Costs Filed. If a Statement of Inability to Afford Payment of Court Costs has been filed in a case in which the declarant requests service of process in a county other than in the county of suit, the clerk must indicate on the document to be served that a Statement of Inability to Afford Payment of Court Costs has been filed. The sheriff or constable must execute the service without demanding payment.
Rule 127. Parties Liable for Other Costs
Each party to a suit shall be liable for all costs incurred by him. If the costs cannot be collected from the party against whom they have been judged, execution may issue against any party in such suit for the amount of costs incurred by such party, but no more.
Rule 128. 
If any party responsible for costs fails or refuses to pay the same within ten days after demand for payment, the clerk or justice of the peace may make certified copy of the bill of costs then due, and place the same in the hands of the sheriff or constable for collection. All taxes imposed on law proceedings shall be included in the bill of costs. Such certified bill of costs shall have the force and effect of an execution. The removal of a case by appeal shall not prevent the issuance of an execution for costs.
Status: repealed
Repeal effective: 1984-04-01
Rule 130. Officer to Levy
The sheriff or constable upon demand and failure to pay said bill of costs, may levy upon a sufficient amount of property of the person from whom said costs are due to satisfy the same, and sell such property as under execution. Where such party is not a resident of the county where such suit is pending, the payment of such costs may be demanded of his attorney of record; and neither the clerk nor justice of the peace shall be allowed to charge any fee for making out such certified bill of costs, unless he is compelled to make a levy.
Rule 131. Successful Party to Recover
The successful party to a suit shall recover of his adversary all costs incurred therein, except where otherwise provided.
Rule 132. 
The court may give or refuse costs on motions at its discretion, except where otherwise provided by law or these rules.
Status: repealed
Repeal effective: 1984-04-01
Rule 136. Demand Reduced by Payments
Where the plaintiff's demand is reduced by payment to an amount which would not have been within the jurisdiction of the court, the defendant shall recover his costs.
Rule 137. In Assault and Battery, Etc.
In civil actions for assault and battery, slander and defamation of character, if the verdict or judgment shall be for the plaintiff, but for less than twenty dollars, the plaintiff shall not recover his costs, but each party shall be taxed with the costs incurred by him in such suit.
Rule 138. Cost of New Trials
The costs of new trials may either abide the result of the suit or may be taxed against the party to whom the new trial is granted, as the court may adjudge when he grants such new trial.
Rule 139. On Appeal and Certiorari
When a case is appealed, if the judgment of the higher court be against the appellant, but for less amount than the original judgment, such party shall recover the costs of the higher court but shall be adjudged to pay the costs of the court below; if the judgment be against him for the same or a greater amount than in the court below, the adverse party shall recover the costs of both courts. If the judgment of the court above be in favor of the party appealing and for more than the original judgment, such party shall recover the costs of both courts; if the judgment be in his favor, but for the same or a less amount than in the court below, he shall recover the costs of the court below, and pay the costs of the court above.
Rule 140. No Fee for Copy
No fee for a copy of a paper not required by law or these rules to be copied shall be taxed in the bill of costs.
Rule 141. Court May Otherwise Adjudge Costs
The court may, for good cause, to be stated on the record, adjudge the costs otherwise than as provided by law or these rules.
Rule 142. Security for Costs
The clerk shall require from the plaintiff fees for services rendered before issuing any process unless filing is requested pursuant to Rule 145 of these rules.
Rule 143. Rule for Costs
A party seeking affirmative relief may be ruled to give security for costs at any time before final judgment, upon motion of any party, or any officer of the court interested in the costs accruing in such suit, or by the court upon its own motion. If such rule be entered against any party and he failed to comply therewith on or before twenty (20) days after notice that such rule has been entered, the claim for affirmative relief of such party shall be dismissed.
Rule 143A. Costs on Appeal to County Court
If the appellant fails to pay the costs on appeal from a judgment of a justice of the peace or small claims court within twenty (20) days after being notified to do so by the county clerk, the appeal shall be deemed not perfected and the county clerk shall return all papers in said cause to the justice of the peace having original jurisdiction and the justice of the peace shall proceed as though no appeal had been attempted.
Rule 144. Judgment on Cost Bond
All bonds given as security for costs shall authorize judgment against all the obligors in such bond for the said costs, to be entered in the final judgment of the cause.
Rule 145. Payment of Costs Not Required
Costs Defined. Costs mean any fee charged by the court or an officer of the court,
including, but not limited to, filing fees, fees for issuance and service of process, fees for copies, fees for a court-appointed professional, and fees charged by the clerk or court reporter for preparation of the appellate record.
Sworn Statement Required. A party who cannot afford payment of court costs must file the Statement of Inability to Afford Payment of Court Costs approved by the Supreme Court or another sworn document containing the same information. A sworn Statement is one that is signed before a notary or made under penalty of perjury. In this rule, declarant means the party filing the Statement.
Duties of the Clerk. The clerk:
must make the Statement available to any person for free without request;
may return a Statement for correction only if it is not swornnot for failure to attach evidence or any other reason; and
must, on the filing of a sworn Statement, docket the case, issue citation, and provide any other service that is ordinarily provided to a party.
Prima Facie Evidence of Inability to Afford Payment of Costs. The declarant should submit with the Statement any available evidence of the declarants inability to afford payment of costs. An attachment demonstrating any of the following is prima facie evidence:
the declarant or the declarants dependent receives benefits from a means-tested government entitlement program;
the declarant is being represented in the case by an attorney who is providing legal services to the declarant through:
a provider funded by the Texas Access to Justice Foundation;
a provider funded by the Legal Services Corporation; or
a nonprofit that provides civil legal services to persons living at or below 200% of the federal poverty guidelines published annually by the United States Department of Health and Human Services; or
the declarant has applied for free legal services for the case through a provider listed in (2) and was determined to be financially eligible but was declined representation.
Motion to Require Payment of Costs. A motion to require the declarant to pay costs must comply with this paragraph.
By the Clerk, the Reporter, or a Party. A motion filed by the clerk, the court reporter, or a party must contain sworn evidencenot merely allegationseither
that the Statement was materially false when made or that because of changed circumstances, it is no longer true.
By the Court. The court on its own may require the declarant to prove the inability to afford costs when evidence comes before the court that the declarant may be able to afford costs or when an officer or professional must be appointed in the case.
Notice; Hearing; Requirements of Order. When a Statement has been filed, the declarant must not be ordered to pay costs unless these procedural requirements have been satisfied:
Notice and Hearing. The declarant must not be required to pay costs without an oral evidentiary hearing. The declarant must be given 10 days notice of the hearing. Notice must either be in writing and served in accordance with Rule 21a or given in open court. At the hearing, the burden is on the declarant to prove the inability to afford costs.
Findings Required. An order requiring the declarant to pay costs must be supported by detailed findings that the declarant can afford to pay costs.
Partial and Delayed Payment. The court may order that the declarant pay the part of the costs the declarant can afford or that payment be made in installments. But the court must not delay the case if payment is made in installments.
Order Must State Notice of Right to Appeal. An order requiring the declarant to pay costs must state in conspicuous type: You may challenge this order by filing a motion in the court of appeals within 10 days after the date this order is signed. See Texas Rule of Civil Procedure 145.
Review of Trial Court Order.
Only Declarant May Challenge; Motion. Only the declarant may challenge an order issued by the trial court under this rule. The declarant may challenge the order by motion filed in the court of appeals with jurisdiction over an appeal from the judgment in the case. The declarant is not required to pay any filing fees related to the motion in the court of appeals.
Time for Filing; Extension. The motion must be filed within 10 days after the trial courts order is signed. The court of appeals may extend the deadline by 15 days if the declarant demonstrates good cause for the extension in writing.
Record. After a motion is filed, the court of appeals must promptly send notice to the trial court clerk and the court reporter requesting preparation of the record of all trial court proceedings on the declarants claim of indigence. The court may set a deadline for filing the record. The record must be provided without charge.
Court of Appeals to Rule Promptly. The court of appeals must rule on the motion
at the earliest practicable time.
Judgment. The judgment must not require the declarant to pay costs, and a provision in the judgment purporting to do so is void, unless the court has issued an order that complies with (f), or the declarant has obtained a monetary recovery, and the court orders the recovery to be applied toward payment of costs.
Court to Designate Record. When the declarant requests preparation of the reporters record, the court must designate the portions to be transcribed.
The issue is not merely whether a person can pay costs, but whether the person can afford to pay costs. A person may have sufficient cash on hand to pay filing fees, but the person cannot afford the fees if paying them would preclude the person from paying for basic essentials, like housing or food. Experience indicates that almost all filers described in (e)(1)-(3), and most filers described in (e)(4), cannot in fact afford to pay costs.
Because costs to access the systemfiling fees, fees for issuance of process and notices, and fees for service and returnare kept relatively small, the expense involved in challenging a claim of inability to afford costs often exceeds the costs themselves. Thus, the rule does not allow the clerk or a party to challenge a litigants claim of inability to afford costs without sworn evidence that the claim is false. The filing of a Statement of Inability to Afford Payment of Court Costswhich may either be sworn to before a notary or made under penalty of perjury, as permitted by Civil Practice and Remedies Code Section 132.001is all that is needed to require the clerk to provide ordinary services without payment of fees and costs. But evidence may come to light that the claim was false when made. And the declarants circumstances may change, so that the claim is no longer true. Importantly, costs may increase with the appointment of officers or professionals in the case, or when a reporters record must be prepared. The reporter is always allowed to challenge a claim of inability to afford costs before incurring the substantial expense of record preparation. The trial court always retains discretion to require evidence of an inability to afford costs.
listed criterion is prima facie evidence of the declarants inability to afford payment of costs. Paragraph (e) has been amended to require that a contest by the court reporter satisfy the same conditions as a contest by the clerk or a party. New paragraph (i) requires that the trial court designate the portions of the reporters record to be transcribed for appeal.
The rule has also been amended to require in paragraph (f)(4) that an order requiring payment of costs include conspicuous notice of the declarants right to appeal.
To accommodate these substantive changes, some paragraphs have been rearranged and relettered or renumbered. Other clarifying and stylistic changes have been made.
Notes and Comments: Comment to 1988 change: The purpose of this rule is to allow indigents to file suit and have citation issued based solely on an affidavit of indigency filed with the suit.
Comment- 2005: The rule is amended to prohibit the contest of an affidavit that is accompanied by an attorneys IOLTA certificate.
Comment to 2016 Change: The rule has been rewritten. Access to the civil justice system cannot be denied because a person cannot afford to pay court costs. Whether a particular fee is a court cost is governed by this rule, Civil Practice and Remedies Code Section 31.007, and case law.
Comment to 2021 Change: A number of changes have been made to reduce frivolous challenges to a Statement, which cost time and money, and to streamline proceedings. Former paragraph (c)(4) has been deleted. Paragraph (d) has been amended to clarify that proof of any
Rule 146. Deposit for Costs
In lieu of a bond for costs, the party required to give the same may deposit with the clerk of court or the justice of the peace such sum as the court or justice from time to time may designate as sufficient to pay the accrued costs.
Rule 147. Applies to Any Party
The foregoing rules as to security and rule for costs shall apply to any party who seeks a judgment against any other party.
Rule 148. Secured by Other Bond
No further security shall be required if the costs are secured by the provisions of an attachment or other bond filed by the party required to give security for costs.
Rule 149. Execution for Costs
When costs have been adjudged against a party and are not paid, the clerk or justice of the court in which the suit was determined may issue execution, accompanied by an itemized bill of costs, against such party to be levied and collected as in other cases; and said officer, on demand of any party to whom any such costs are due, shall issue execution for costs at once. This rule shall not apply to executors, administrators or guardians in cases where costs are adjudged against the estate of a deceased person or of a ward. No execution shall issue in any case for costs until after judgment rendered therefor by the court.
Rule 150. Death of Party
Where the cause of action is one which survives, no suit shall abate because of the death of any party thereto before the verdict or decision of the court is rendered, but such suit may proceed to
judgment as hereinafter provided.
Rule 151. Death of Plaintiff
If the plaintiff dies, the heirs, or the administrator or executor of such decedent may appear and upon suggestion of such death being entered of record in open court, may be made plaintiff, and the suit shall proceed in his or their name. If no such appearance and suggestion be made within a reasonable time after the death of the plaintiff, the clerk upon the application of defendant, his agent or attorney, shall issue a scire facias for the heirs or the administrator or executor of such decedent, requiring him to appear and prosecute such suit. After service of such scire facias, should such heir or administrator or executor fail to enter appearance within the time provided, the defendant may have the suit dismissed.
Rule 152. Death of Defendant
Where the defendant shall die, upon the suggestion of death being entered of record in open court, or upon petition of the plaintiff, the clerk shall issue a scire facias for the administrator or executor or heir requiring him to appear and defend the suit and upon the return of such service, the suit shall proceed against such administrator or executor or heir.
Rule 153. When Executor, Etc. Dies
When an executor or administrator shall be a party to any suit, whether as plaintiff or as defendant, and shall die or cease to be such executor or administrator, the suit may be continued by or against the person succeeding him in the administration, or by or against the heirs, upon like proceedings being had as provided in the two preceding rules, or the suit may be dismissed, as provided in Rule 151.
Rule 154. Requisites of Scire Facias
The scire facias and returns thereon, provided for in this section, shall conform to the requisites of citations and the returns thereon, under the provisions of these rules.
Rule 155. Surviving Parties
Where there are two or more plaintiffs or defendants, and one or more of them die, upon suggestion of such death being entered upon the record, the suit shall at the instance of either party proceed in the name of the surviving plaintiffs or against the surviving defendants, as the case may be.
Rule 156. Death After Verdict or Close of Evidence
When a party in a jury case dies between verdict and judgment, or a party in a non-jury case dies after the evidence is closed and before judgment is pronounced, judgment shall be rendered and entered as if all parties were living.
Rule 157. 
When a plaintiff suing for the use of another shall die before verdict, the person for whose use such suit was brought, upon such death being suggested on the record in open court, may prosecute the suit in his own name, and shall be as responsible for costs as if he brought the suit
Status: repealed
Repeal effective: 1988-01-01
Rule 159. Suit for Injuries Resulting in Death
In cases arising under the provisions of the title relating to injuries resulting in death, the suit shall not abate by the death of either party pending the suit, but in such case, if the plaintiff dies, where there is only one plaintiff, some one or more of the parties entitled to the money recovered may be substituted and the suit prosecuted to judgment in the name of such party or parties, for the benefit of the person entitled; if the defendant dies, his executor, administrator or heir may be made a party, and the suit prosecuted to judgment.
Rule 160. Dissolution of Corporation
The dissolution of a corporation shall not operate to abate any pending suit in which such corporation is a defendant, but such suit shall continue against such corporation and judgment shall be rendered as though the same were not dissolved.
Rule 161. Where Some Defendants Not Served
When some of the several defendants in a suit are served with process in due time and others are not so served, the plaintiff may either dismiss as to those not so served and proceed against those who are, or he may take new process against those not served, or may obtain severance of the case as between those served and those not served, but no dismissal shall be allowed as to a principal obligor without also dismissing the parties secondarily liable except in cases provided by statute. No defendant against whom any suit may be so dismissed shall be thereby exonerated from any liability, but may at any time be proceeded against as if no such suit had been brought and no such dismissal ordered.
Rule 162. Dismissal or Non-suit
At any time before the plaintiff has introduced all of his evidence other than rebuttal evidence, the
plaintiff may dismiss a case, or take a non-suit, which shall be entered in the minutes. Notice of the dismissal or non-suit shall be served in accordance with Rule 21a on any party who has answered or has been served with process without necessity of court order.
Any dismissal pursuant to this rule shall not prejudice the right of an adverse party to be heard on a pending claim for affirmative relief or excuse the payment of all costs taxed by the clerk. A dismissal under this rule shall have no effect on any motion for sanctions, attorney's fees or other costs, pending at the time of dismissal, as determined by the court. Any dismissal pursuant to this rule which terminates the case shall authorize the clerk to tax court costs against dismissing party unless otherwise ordered by the court.
Notes and Comments: Comment to 1988 change: The purpose of this rule is to fix a definite time after which a party may not voluntarily dismiss or non-suit the cause of action. In addition, these amendments will not disturb any pending motions for sanctions or attorneys fees that were filed before the motion for non-suit or dismissal.
Rule 163. Dismissal as to Parties Served, Etc.
When it will not prejudice another party, the plaintiff may dismiss his suit as to one or more of several parties who were served with process, or who have answered, but no such dismissal shall in any case, be allowed as to a principal obligor, except in the cases provided for by statute.
Rule 165. Abandonment
A party who abandons any part of his claim or defense, as contained in the pleadings, may have that fact entered of record, so as to show that the matters therein were not tried.
Rule 165A. Dismissal for Want of Prosecution
may be continued thereafter only for valid and compelling reasons specifically determined by court order. The clerk must send any order to the parties as provided in Rule 21(f)(10). Failure to send notices and orders as required by this rule does not affect any of the periods mentioned in Rule 306a except as provided in that rule.
Rule 306A. A Copy of The Motion to Reinstate Shall Be Served on Each Attorney of Record and Each Party Not Represented by an Attorney Whose Address Is Shown on The Docket or in The Papers on File. The Clerk Shall Deliver a Copy of The Motion to The Judge, Who Shall Set a Hearing on The Motion as Soon as Practicable. The Court Shall Notify All Parties or Their Attorneys of Record of The Date, Time and Place of The Hearing.
The court shall reinstate the case upon finding after a hearing that the failure of the party or his attorney was not intentional or the result of conscious indifference but was due to an accident or mistake or that the failure has been otherwise reasonably explained.
In the event for any reason a motion for reinstatement is not decided by signed written order within seventy-five days after the judgment is signed, or, within such other time as may be allowed by Rule 306a, the motion shall be deemed overruled by operation of law. If a motion to reinstate is timely filed by any party, the trial court, regardless of whether an appeal has been perfected, has plenary power to reinstate the case until 30 days after all such timely filed motions are overruled, either by a written and signed order or by operation of law, whichever occurs first.
Rule 166. Pre-trial Conference
In an appropriate action, to assist in the disposition of the case without undue expense or burden to the parties, the court may in its discretion direct the attorneys for the parties and the parties or their duly authorized agents to appear before it for a conference to consider:
All pending dilatory pleas, motions and exceptions;
The necessity or desirability of amendments to the pleadings;
A discovery schedule;
Requiring written statements of the parties' contentions;
Contested issues of fact and the simplification of the issues;
The possibility of obtaining stipulations of fact;
The identification of legal matters to be ruled on or decided by the court;
The exchange of a list of direct fact witnesses, other than rebuttal or impeaching witnesses the necessity of whose testimony cannot reasonably be anticipated before the time of trial, who will be called to testify at trial, stating their address and telephone number, and the subject of the testimony of each such witness;
The exchange of a list of expert witnesses who will be called to testify at trial, stating their address and telephone number, and the subject of the testimony and opinions that will be proffered by each expert witness;
Agreed applicable propositions of law and contested issues of law;
Proposed jury charge questions, instructions, and definitions for a jury case or proposed findings of fact and conclusions of law for a nonjury case;
The marking and exchanging of all exhibits that any party may use at trial and stipulation to the authenticity and admissibility of exhibits to be used at trial;
Written trial objections to the opposite party's exhibits, stating the basis for each objection;
The advisability of a preliminary reference of issues to a master or auditor for findings to be used as evidence when the trial is to be by jury;
The settlement of the case, and to aid such consideration, the court may encourage settlement;
Such other matters as may aid in the disposition of the action.
The court shall make an order which recites the action taken at the pretrial conference, the amendments allowed to the pleadings, the time within which same may be filed, and the agreements made by the parties as to any of the matters considered, and which limits the issues for trial to those not disposed of by admissions, agreements of counsel, or rulings of the court; and such order when issued shall control the subsequent course of the action, unless modified at the trial to prevent manifest injustice. The court in its discretion may establish by rule a pretrial calendar on which actions may be placed for consideration as above provided and may either
confine the calendar to jury actions or extend it to all actions.
Pretrial proceedings in multidistrict litigation may also be governed by Rules 11 and 13 of the Rules of Judicial Administration.
Notes and Comments: Comment to 1990 change: To broaden the scope of the rule and to confirm the ability of the trial courts at pretrial hearings to encourage settlement.
Rule 166A. Summary Judgment
Discovery products not on file with the clerk may be used as summary judgment evidence
if copies of the material, appendices containing the evidence, or a notice containing specific references to the discovery or specific references to other instruments, are filed and served on all parties together with a statement of intent to use the specified discovery as summary judgment proofs: (i) at least twenty-one days before the hearing if such proofs are to be used to support the summary judgment; or (ii) at least seven days before the hearing if such proofs are to be used to oppose the summary judgment.
hearing in accordance with Rule 166a. Paragraphs (d) through (g) are renumbered (e) through (h).
Notes and Comments: Comment to 1990 change: This amendment provides a mechanism for using previously non-filed discovery in summary judgment practice. Such proofs must all be filed in advance of the
Comment to 1997 change: This comment is intended to inform the construction and application of the rule. Paragraph (i) authorizes a motion for summary judgment based on the assertion that, after adequate opportunity for discovery, there is no evidence to support one or more specified elements of an adverse partys claim or defense. A discovery period set by pretrial order should be adequate opportunity for discovery unless there is a showing to the contrary, and ordinarily a motion under paragraph (i) would be permitted after the period but not before. The motion must be specific in challenging the evidentiary support for an element of a claim or defense; paragraph (i) does not authorize conclusory motions or general no-evidence challenges to an opponents case. Paragraph (i) does not apply to ordinary motions for summary judgment under paragraphs (a) or (b), in which the movant must prove it is entitled to judgment by establishing each element of its own claim or defense as a matter of law or by negating an element of the respondents claim or defense as a matter of law. To defeat a motion made under paragraph (i), the respondent is not required to marshal its proof; its response need only point out evidence that raises a fact issue on the challenged elements. The existing rules continue to govern the general requirements of summary judgment practice. A motion under paragraph (i) is subject to sanctions provided by existing law (Tex Civ. Prac. & Rem. Code 9.001-10.006) and rule (Tex R. Civ. P. 13). The denial of a motion under paragraph (i) is no more reviewable by appeal or mandamus than the denial of a motion under paragraph (c).
Rule 167. Offer of Settlement; Award of Litigation Costs
Certain litigation costs may be awarded against a party who rejects an offer made substantially in accordance with this rule to settle a claim for monetary damages - including a counterclaim, crossclaim, or third-party claim - except in:
a class action;
a shareholder's derivative action;
an action by or against the State, a unit of state government, or a political subdivision of the State;
an action brought under the Family Code;
an action to collect workers' compensation benefits under title 5, subtitle A of the
Labor Code; or
an action filed in a justice of the peace court or small claims court.
Defendant's declaration a prerequisite; deadline. A settlement offer under this rule may not be made until a defendant -- a party against whom a claim for monetary damages is made -- files a declaration invoking this rule. When a defendant files such a declaration, an offer or offers may be made under this rule to settle only those claims by and against that defendant. The declaration must be filed no later than 45 days before the case is set for conventional trial on the merits.
Requirements of an offer. A settlement offer must:
be in writing;
state that it is made under Rule 167 and Chapter 42 of the Texas Civil Practice and Remedies Code;
identify the party or parties making the offer and the party or parties to whom the offer is made;
state the terms by which all monetary claims - including any attorney fees, interest, and costs that would be recoverable up to the time of the offer - between the offeror or offerors on the one hand and the offeree or offerees on the other may be settled;
state a deadline - no sooner than 14 days after the offer is served - by which the offer must be accepted;
be served on all parties to whom the offer is made.
Conditions of offer. An offer may be made subject to reasonable conditions, including the execution of appropriate releases, indemnities, and other documents. An offeree may object to a condition by written notice served on the offeror before the deadline stated in the offer. A condition to which no such objection is made is presumed to have been reasonable. Rejection of an offer made subject to a condition determined by the trial court to have been unreasonable cannot be the basis for an award of litigation costs under this rule.
Non-monetary and excepted claims not included. An offer must not include non-monetary claims and other claims to which this rule does not apply.
Time limitations. An offer may not be made:
before a defendant's declaration is filed;
within 60 days after the appearance in the case of the offeror or offeree, whichever is later;
within 14 days before the date the case is set for a conventional trial on the merits, except that an offer may be made within that period if it is in response to, and within seven days of, a prior offer.
Successive offers. A party may make an offer after having made or rejected a prior offer. A rejection of an offer is subject to imposition of litigation costs under this rule only if the offer is more favorable to the offeree than any prior offer.
Withdrawal of offer. An offer can be withdrawn before it is accepted. Withdrawal is effective when written notice of the withdrawal is served on the offeree. Once an unaccepted offer has been withdrawn, it cannot be accepted or be the basis for awarding litigation costs under this rule.
Acceptance of offer. An offer that has not been withdrawn can be accepted only by written notice served on the offeror by the deadline stated in the offer. When an offer is accepted, the offeror or offeree may file the offer and acceptance and may move the court to enforce the settlement.
Rejection of offer. An offer that is not withdrawn or accepted is rejected. An offer may also be rejected by written notice served on the offeror by the deadline stated in the offer.
Objection to offer made before an offeror's joinder or designation of responsible third party. An offer made before an offeror joins another party or designates a responsible third party may not be the basis for awarding litigation costs under this rule against an offeree who files an objection to the offer within 15 days after service of the offeror's pleading or designation.
Generally. If a settlement offer made under this rule is rejected, and the judgment to be awarded on the monetary claims covered by the offer is significantly less favorable to the offeree than was the offer, the court must award the offeror litigation costs against the offeree from the time the offer was rejected to the time of judgment.
Significantly less favorable@ defined. A judgment award on monetary claims is significantly less favorable than an offer to settle those claims if:
the offeree is a claimant and the judgment would be less than 80 percent of the offer; or
the offeree is a defendant and the judgment would be more than 120 percent of the
offer.
Litigation costs. Litigation costs are the expenditures actually made and the obligations actually incurred - directly in relation to the claims covered by a settlement offer under this rule - for the following:
court costs;
reasonable deposition costs, in cases filed on or after September 1, 2011;
reasonable fees for not more than two testifying expert witnesses; and
reasonable attorney fees.
Limits on litigation costs. The litigation costs that may be awarded under this rule must not exceed the following amount:
In cases filed before September 1, 2011, litigation costs that may be awarded under this rule must not exceed the following amount:
the sum of the noneconomic damages, the exemplary or additional damages, and one-half of the economic damages to be awarded to the claimant in the judgment; minus
the amount of any statutory or contractual liens in connection with the occurrences or incidents giving rise to the claim.
In cases files on or after September 1, 2011, the litigation costs that may be awarded to any party under this rule must not exceed the total amount that the claimant recovers or would recover before adding an award of litigation costs under this rule in favor of the claimant or subtracting as an offset an award of litigation costs under this rule in favor of the defendant.
No double recovery permitted. A party who is entitled to recover attorney fees and costs under another law may not recover those same attorney fees and costs as litigation costs under this rule.
Limitation on attorney fees and costs recovered by a party against whom litigation costs are awarded. A party against whom litigation costs are awarded may not recover attorney fees and costs under another law incurred after the date the party rejected the settlement offer made the basis of the award.
Litigation costs to be awarded to defendant as a setoff. Litigation costs awarded to a defendant must be made a setoff to the claimant's judgment against the defendant.
Modification of time limits. On motion, and for good cause shown, the court may -- by written order made before commencement of trial on the merits -- modify the time limits for filing a declaration under Rule 167.2(a) or for making an offer.
Discovery permitted. On motion, and for good cause shown, a party against whom litigation costs are to be awarded may conduct discovery to ascertain the reasonableness of the costs requested. If the court determines the costs to be reasonable, it must order the party requesting discovery to pay all attorney fees and expenses incurred by other parties in responding to such discovery.
Hearing required. The court must, upon request, conduct a hearing on a request for an award of litigation costs, at which the affected parties may present evidence.
Evidence relating to an offer made under this rule is not admissible except for purposes of enforcing a settlement agreement or obtaining litigation costs. The provisions of this rule may not be made known to the jury by any means.
This rule does not apply to any offer made in a mediation or arbitration proceeding. A settlement offer not made in compliance with this rule, or a settlement offer not made under this rule, or made in an action to which this rule does not apply, cannot be the basis for awarding litigation costs under this rule as to any party. This rule does not limit or affect a party's right to make a settlement offer that does not comply with this rule, or in an action to which this rule does not apply.
Rule 167A. 
On a partys motion or on its own initiative, a trial court may permit an appeal from an interlocutory order that is not otherwise appealable, as provided by statute. Permission must be stated in the order to be appealed. An order previously issued may be amended to include such permission. The permission must identify the controlling question of law as to which there is a substantial ground for difference of opinion, and must state why an immediate appeal may materially advance the ultimate termination of the litigation.
Appellate Procedure 28.3 sets out the corollary requirements for permissive appeals in the courts of appeals.
Notes and Comments: Comment to 2011 change: Rule 168 is a new rule, added to implement amendments to section 51.014(d)-(f) of the Texas Civil Practice and Remedies Code. Rule 168 applies only to cases filed on or after September 1, 2011. Rule 168 clarifies that the trial courts permission to appeal should be included in the order to be appealed rather than in a separate order. Rule of
Status: repealed
Repeal effective: 1999-01-01
Rule 169. Expedited Actions
Application. The expedited actions process in this rule applies to a suit in which all claimants, other than counter-claimants, affirmatively plead that they seek only monetary relief aggregating $250,000 or less, excluding interest, statutory or punitive damages and penalties, and attorney fees and costs.
Recovery. In no event may a party who prosecutes a suit under this rule recover a judgment in excess of $250,000, excluding interest, statutory or punitive damages and penalties, and attorney fees and costs.
Removal from Process.
A court must remove a suit from the expedited actions process:
on motion and a showing of good cause by any party; or
if any claimant, other than a counter-claimant, files a pleading or an amended or supplemental pleading that seeks any relief other than the monetary relief allowed by (a).
A pleading, amended pleading, or supplemental pleading that removes a suit from the expedited actions process may not be filed without leave of court unless it is filed before the earlier of 30 days after the discovery period is closed or 30 days before the date set for trial. Leave to amend may be granted only if good cause for filing the pleading outweighs any prejudice to an opposing party.
If a suit is removed from the expedited actions process, the court must reopen discovery under Rule 190.2(c).
Expedited Actions Process.
Discovery. Discovery is governed by Rule 190.2.
Trial Setting; Continuances. On any partys request, the court must set the case for a trial date that is within 90 days after the discovery period in Rule 190.2(b)(1) ends. The court may continue the case twice, not to exceed a total of 60 days.
Time Limits for Trial. Each side is allowed no more than eight hours to complete jury selection, opening statements, presentation of evidence, examination and cross-examination of witnesses, and closing arguments. On motion and a showing of good cause by any party, the court may extend the time limit to no more than twelve hours per side.
The term side has the same definition set out in Rule 233.
Time spent on objections, bench conferences, bills of exception, and challenges for cause to a juror under Rule 228 are not included in the time limit.
Alternative Dispute Resolution.
Unless the parties have agreed not to engage in alternative dispute resolution, the court may refer the case to an alternative dispute resolution procedure once, and the procedure must:
not exceed a half-day in duration, excluding scheduling time;
not exceed a total cost of twice the amount of applicable civil filing fees; and
be completed no later than 60 days before the initial trial setting.
The court must consider objections to the referral unless prohibited by statute.
The parties may agree to engage in alternative dispute resolution other than that provided for in (A).
Expert Testimony. Unless requested by the party sponsoring the expert, a party may only challenge the admissibility of expert testimony as an objection to summary judgment evidence under Rule 166a or during the trial on the merits. This paragraph does not apply to a motion to strike for late designation.
Rule 169 is a new rule implementing section 22.004(h) of the Texas Government Code, which was added in 2011 and calls for rules to promote the prompt, efficient, and cost- effective resolution of civil actions when the amount in controversy does not exceed $100,000.
The expedited actions process created by Rule 169 is mandatory; any suit that falls within the definition of 169(a)(1) is subject to the provisions of the rule.
In determining whether there is good cause to remove the case from the process or extend the time limit for trial, the court should consider factors such as whether the damages sought by multiple claimants against the same defendant exceed in the aggregate the relief allowed under 169(a)(1), whether a defendant has filed a compulsory counterclaim in good faith that seeks relief
other than that allowed under 169(a)(1), the number of parties and witnesses, the complexity of the legal and factual issues, and whether an interpreter is necessary.
Rule 169(b) specifies that a party who prosecutes a suit under this rule cannot recover a judgment in excess of $100,000. Thus, the rule in Greenhalgh v. Service Lloyds Ins. Co., 787 S.W.2d 938 (Tex. 1990), does not apply if a jury awards damages in excess of $100,000 to the party. The limitation of 169(b) does not apply to a counter-claimant that seeks relief other than that allowed under 169(a)(1).
The discovery limitations for expedited actions are set out in Rule 190.2, which is also amended to implement section 22.004(h) of the Texas Government Code.
Rule 169 is amended to implement section 22.004(h-1) of Texas Government Codewhich calls for rules to promote the prompt, efficient, and cost-effective resolution of civil actions filed in county courts at law in which the amount in controversy does not exceed $250,000and changes to section 22.004(h) of the Texas Government code. To ensure uniformity, and pursuant to section 22.004(b) of the Texas Government Code, Rule 169s application is not limited to suits filed in county courts at law; any suit that falls within the definition of subsection (a) is subject to the provisions of the rule. However, certain suits are exempt from Rule 169s application by statute. See, e.g., TEX. ESTATES CODE 53.107, 1053.105. The discovery limitations for expedited actions are set out in Rule 190.2, which is also amended to implement section 22.004(h-1) of the Texas Government Code.
Notes and Comments: Comment to 2013 change:
Comment to 2021 change:
Rule 170. 
The court may, in exceptional cases, for good cause appoint a master in chancery, who shall be a citizen of this State, and not an attorney for either party to the action, nor related to either party, who shall perform all of the duties required of him by the court, and shall be under orders of the court, and have such power as the master of chancery has in a court of equity.
The order of references to the master may specify or limit his powers, and may direct him to report only upon particular issues, or to do or perform particular acts, or to receive and report evidence only and may fix the time and place for beginning and closing the hearings, and for the filing of the master's report. Subject to the limitations and specifications stated in the order, the master has and shall exercise the power to regulate all proceedings in every hearing before him and to do all acts and take all measures necessary or proper for the efficient performance of his duties under the order. He may require the production before him of evidence upon all matters embraced in the reference, including the production of books, papers, vouchers, documents and other writings applicable thereto. He may rule upon the admissibility of evidence, unless otherwise directed by the order of reference and has the authority to put witnesses on oath, and may, himself, examine them, and may call the parties to the action and examine them upon oath. When a party so requests,
the master shall make a record of the evidence offered and excluded in the same manner as provided for a court sitting in the trial of a case.
The clerk of the court shall forthwith furnish the master with a copy of the order of reference.
The parties may procure the attendance of witnesses before the master by the issuance and service of process as provided by law and these rules.
The court may confirm, modify, correct, reject, reverse or recommit the report, after it is filed, as the court may deem proper and necessary in the particular circumstances of the case. The court shall award reasonable compensation to such master to be taxed as costs of suit.
Status: repealed
Repeal effective: 1984-04-01
Rule 172. Audit
When an investigation of accounts or examination of vouchers appears necessary for the purpose of justice between the parties to any suit, the court shall appoint an auditor or auditors to state the accounts between the parties and to make report thereof to the court as soon as possible. The auditor shall verify his report by his affidavit stating that he has carefully examined the state of the account between the parties, and that his report contains a true statement thereof, so far as the same has come within his knowledge. Exceptions to such report or of any item thereof must be filed within 30 days of the filing of such report. The court shall award reasonable compensation to such auditor to be taxed as costs of suit.
Rule 173. Guardian Ad Litem
This rule does not apply to an appointment of a guardian ad litem governed by statute or other rules.
When Appointment Required or Prohibited. The court must appoint a guardian ad litem for a party represented by a next friend or guardian only if:
the next friend or guardian appears to the court to have an interest adverse to the party; or
the parties agree.
Appointment of the Same Person for Different Parties. The court must appoint the same guardian ad litem for similarly situated parties unless the court finds that the appointment of different guardians ad litem is necessary.
Motion Permitted But Not Required. The court may appoint a guardian ad litem on the motion of any party or on its own initiative.
Written Order Required. An appointment must be made by written order.
Objections. Any party may object to the appointment of a guardian ad litem.
Court Officer and Advisor. A guardian ad litem acts as an officer and advisor to the court.
Determination of Adverse Interest. A guardian ad litem must determine and advise the court whether a partys next friend or guardian has an interest adverse to the party.
When Settlement Proposed. When an offer has been made to settle the claim of a party represented by a next friend or guardian, a guardian ad litem has the limited duty to determine and advise the court whether the settlement is in the partys best interest.
Participation in Litigation Limited. A guardian ad litem:
may participate in mediation or a similar proceeding to attempt to reach a settlement;
must participate in any proceeding before the court whose purpose is to determine whether a partys next friend or guardian has an interest adverse to the party, or whether a settlement of the partys claim is in the partys best interest;
must not participate in discovery, trial, or any other part of the litigation unless:
further participation is necessary to protect the partys interest that is adverse to the next friends or guardians, and
the participation is directed by the court in a written order stating sufficient reasons.
Communications between the guardian ad litem and the party, the next friend or guardian, or their attorney are privileged as if the guardian ad litem were the attorney for the party.
Amount. If a guardian ad litem requests compensation, he or she may be reimbursed for reasonable and necessary expenses incurred and may be paid a reasonable hourly fee for necessary services performed.
Procedure. At the conclusion of the appointment, a guardian ad litem may file an application for compensation. The application must be verified and must detail the basis for the compensation requested. Unless all parties agree to the application, the court must conduct an evidentiary hearing to determine the total amount of fees and expenses that are reasonable and necessary. In making this determination, the court must not consider compensation as a percentage of any judgment or settlement.
Taxation as Costs. The court may tax a guardian ad litems compensation as costs of court.
Other Benefit Prohibited. A guardian ad litem may not receive, directly or indirectly, anything of value in consideration of the appointment other than as provided by this rule.
Right of Appeal. Any party may seek mandamus review of an order appointing a guardian ad litem or directing a guardian ad litem=s participation in the litigation. Any party and a guardian ad litem may appeal an order awarding the guardian ad litem compensation.
Severance. On motion of the guardian ad litem or any party, the court must sever any order awarding a guardian ad litem compensation to create a final, appealable order.
No Effect on Finality of Settlement or Judgment. Appellate proceedings to review an order pertaining to a guardian ad litem do not affect the finality of a settlement or judgment.
The rule is completely revised.
This rule does not apply when the procedures and purposes for appointment of guardians ad litem (as well as attorneys ad litem) are prescribed by statutes, such as the Family Code and the Probate Code, or by other rules, such as the Parental Notification Rules.
The rule contemplates that a guardian ad litem will be appointed when a partys next friend or guardian appears to have an interest adverse to the party because of the division of settlement proceeds. In those situations, the responsibility of the guardian ad litem as prescribed by the rule is very limited, and no reason exists for the guardian ad litem to participate in the conduct of the litigation in any other way or to review the discovery or the litigation file except to the limited extent that it may bear on the division of settlement proceeds. See Jocson v. Crabb, 133 S.W.3d 268 (Tex. 2004) (per curiam). A guardian ad litem may, of course, choose to review the file or attend proceedings when it is unnecessary, but the guardian ad litem may not be compensated for unnecessary expenses or services.
Only in extraordinary circumstances does the rule contemplate that a guardian ad litem will have a broader role. Even then, the role is limited to determining whether a partys next friend or guardian has an interest adverse to the party that should be considered by the court under Rule 44. In no event may a guardian ad litem supervise or supplant the next friend or undertake to represent the party while serving as guardian ad litem.
As an officer and advisor to the court, a guardian ad litem should have derived judicial immunity.
Though an officer and adviser to the court, a guardian ad litem must not have ex parte communications with the court. See Tex. Code of Jud. Conduct, Canon 3.
Because the role of guardian ad litem is limited in all but extraordinary situations, and any risk that might result from services performed is also limited, compensation, if any is sought, should ordinarily be limited.
A violation of this rule is subject to appropriate sanction.
Notes and Comments: Comment to 2004 change:
Rule 175. Issue of Law and Dilatory Pleas
When a case is called for trial in which there has been no pretrial hearing as provided by Rule 166, the issues of law arising on the pleadings, all pleas in abatement and other dilatory pleas remaining undisposed of shall be determined; and it shall be no cause for postponement of a trial of the issues of law that a party is not prepared to try the issues of fact.
Rule 176. Subpoenas
Every subpoena must be issued in the name of "The State of Texas" and must:
state the style of the suit and its cause number;
state the court in which the suit is pending;
state the date on which the subpoena is issued;
identify the person to whom the subpoena is directed;
state the time, place, and nature of the action required by the person to whom the subpoena is directed, as provided in Rule 176.2;
identify the party at whose instance the subpoena is issued, and the party's attorney of record, if any;
state the text of Rule 176.8(a); and
be signed by the person issuing the subpoena.
A subpoena must command the person to whom it is directed to do either or both of the following:
attend and give testimony at a deposition, hearing, or trial;
produce and permit inspection and copying of designated documents or tangible things in the possession, custody, or control of that person.
A subpoena may be issued by:
the clerk of the appropriate district, county, or justice court, who must provide the party requesting the subpoena with an original and a copy for each witness to be completed by the party;
an attorney authorized to practice in the State of Texas, as an officer of the court; or
an officer authorized to take depositions in this State, who must issue the subpoena immediately on a request accompanied by a notice to take a deposition under Rules 199 or 200, or a notice under Rule 205.3, and who may also serve the notice with the subpoena.
the witness's signed written memorandum attached to the subpoena showing that the witness accepted the subpoena; or
a statement by the person who made the service stating the date, time, and manner of service, and the name of the person served.
documents or tangible things need not appear in person at the time and place of production unless the person is also commanded to attend and give testimony, either in the same subpoena or a separate one. A person must produce documents as they are kept in the usual course of business or must organize and label them to correspond with the categories in the demand. A person may withhold material or information claimed to be privileged but must comply with Rule 193.3. A nonparty's production of a document authenticates the document for use against the nonparty to the same extent as a party's production of a document is authenticated for use against the party under Rule 193.7.
Rule 192. 6(b)--before The Time Specified for Compliance--either in The Court in Which The Action Is Pending or in a District Court in The County Where The Subpoena Was Served. The Person Must Serve The Motion on All Parties in Accordance with Rule 21a. a Person Need Not Comply with The Part of a Subpoena from Which Protection Is Sought Under This Paragraph Unless Ordered to Do so by The Court. The Party Requesting The Subpoena May Seek Such an Order at Any Time After The Motion for Protection Is Filed.
A party causing a subpoena to issue must take reasonable steps to avoid imposing undue burden or expense on the person served. In ruling on objections or motions for protection, the court must provide a person served with a subpoena an adequate time for compliance, protection from disclosure of privileged material or information, and protection from undue burden or expense. The court may impose reasonable conditions on compliance with a subpoena, including compensating the witness for undue hardship.
fine or confinement, or both.
This rule combines the former rules governing subpoenas for trial and discovery. When a subpoena is used for discovery, the protections from undue burden and expense apply, just as with any discovery.
Rule 176.3(b) prohibits the use of a subpoena to circumvent the discovery rules. Thus, for example, a deposition subpoena to a party is subject to the procedures of Rules 196, 199, and 200, and a deposition subpoena to a nonparty is subject to the procedures of Rule 205.
Notes and Comments: Comments to 1999 change:
Rule 180. Refusal to Testify
Any witness refusing to give evidence may be committed to jail, there to remain without bail until such witness shall consent to give evidence.
Rule 181. Party as Witness
Either party to a suit may examine the opposing party as a witness, and shall have the same process to compel his attendance as in the case of any other witness.
Rule 183. Interpreters
The court may appoint an interpreter of its own selection and may fix the interpreter's reasonable compensation. The compensation shall be paid out of funds provided by law or by one or more of the parties as the court may direct, and may be taxed ultimately as costs, in the discretion of the court.
Notes and Comments: Comment to 1990 change: To adopt procedures for the appointment and compensation of interpreters. Source: Fed. R. Civ. P. 43(f). The provision regarding summoning interpreters and their conduct is deleted because it is covered by Rule 604, Texas Rules of Civil Evidence.
Rule 184A. 
When any action or defense is founded upon an open account or other claim for goods, wares and merchandise, including any claim for a liquidated money demand based upon written contract or founded on business dealings between the parties, or is for personal service rendered, or labor done or labor or materials furnished, on which a systematic record has been kept, and is supported by the affidavit of the party, his agent or attorney taken before some officer authorized to administer oaths, to the effect that such claim is, within the knowledge of affiant, just and true, that it is due, and that all just and lawful offsets, payments and credits have been allowed, the same shall be taken as prima facie evidence thereof, unless the party resisting such claim shall file a written denial, under oath. A party resisting such a sworn claim shall comply with the rules of pleading as are required in any other kind of suit, provided, however, that if he does not timely file a written denial, under oath, he shall not be permitted to deny the claim, or any item therein, as the case may be. No particularization or description of the nature of the component parts of the account or claim is necessary unless the trial court sustains special exceptions to the pleadings.
Status: repealed
Repeal effective: 1990-09-01
Rule 189. 
Every case must be governed by a discovery control plan as provided in this Rule. A plaintiff must allege in the first numbered paragraph of the original petition whether discovery is intended to be conducted under Level 1, 2, or 3 of this Rule.
any suit that is governed by the expedited actions process in Rule 169; and
unless the parties agree that rule 190.3 should apply or the court orders a discovery control plan under Rule 190.4, any suit for divorce not involving children in which a party pleads that the value of the marital estate is more than zero but not more than $250,000.
In a suit not governed by the Family Code, all discovery must be conducted during the discovery period, which begins when the first initial disclosures are due and continues for 180 days.
In a suit governed by the Family Code, all discovery must be conducted during the discovery period, which begins when the suit is filed and continues until 180 days after the date the first request for discovery of any kind is served on a party.
15 written requests for production. Each discrete subpart of a request for production is considered a separate request for production.
15 written requests for admissions. Each discrete subpart of a request for admission is considered a separate request for admission.
Status: repealed
Repeal effective: 1984-04-01
Rule 169. 
In a suit not governed by the Family Code, all discovery must be conducted during the discovery period, which begins when the first initial disclosures are due and continues until the earlier of:
30 days before the date set for trial; or
nine months after the first initial disclosures are due.
In a suit governed by the Family Code, all discovery must be conducted during the discovery period, which begins when the suit is filed and continues until thirty days before the date set for trial.
one side designates more than two experts, the opposing side may have an additional six hours of total deposition time for each additional expert designated. The court may modify the deposition hours and must do so when a side or party would be given unfair advantage.
Rule 190. 2, If Applicable, or Otherwise of Rule 190.3 Apply Unless Specifically Changed in The Discovery Control Plan Ordered by The Court. The Plan Must Include:
a date for trial or for a conference to determine a trial setting;
a discovery period during which either all discovery must be conducted or all discovery requests must be sent, for the entire case or an appropriate phase of it;
appropriate limits on the amount of discovery; and
deadlines for joining additional parties, amending or supplementing pleadings, and designating expert witnesses.
The court may modify a discovery control plan at any time and must do so when the interest of justice requires. Unless a suit is governed by the expedited actions process in Rule 169, the court must allow additional discovery:
related to new, amended or supplemental pleadings, or new information disclosed in a discovery response or in an amended or supplemental response, if:
the pleadings or responses were made after the deadline for completion of discovery or so nearly before that deadline that an adverse party does not
have an adequate opportunity to conduct discovery related to the new matters, and
the adverse party would be unfairly prejudiced without such additional discovery;
regarding matters that have changed materially after the discovery cutoff if trial is set or postponed so that the trial date is more than three months after the discovery period ends.
This rule's limitations on discovery do not apply to or include discovery conducted under Rule 202 ("Depositions Before Suit or to Investigate Claims"), or Rule 621a ("Discovery and Enforcement of Judgment"). But Rule 202 cannot be used to circumvent the limitations of this rule.
This rule establishes three tiers of discovery plans and requires that every case be in one at all times. Whether a case is in Level 1 is determined by the pleadings. To be in Level 3, the court must order a specific plan for the case, either on a partys motion or on the courts own initiative. The plan may be one agreed to by the parties and submitted as an agreed order. A Level 3 plan may simply adopt Level 1 or Level 2 restrictions. Separate Level 3 plans for phases of the case may be appropriate. Until a Level 3 plan is ordered, a case that is not in Level 1 is in Level 2. The initial pleading required by Rule 190.1 is merely to notify the court and other parties of the plaintiffs intention; it does not bind the court or other parties. A plaintiffs failure to state in the initial pleading that the case should be in Level 1 does not waive application of Rule 190.2.
Rule 190.2 does not apply to suits for injunctive relief or divorces involving children. The requirement of an affirmative pleading of limited relief (e.g.: Plaintiff affirmatively pleads that he seeks only monetary relief aggregating $50,000 or less, excluding costs, pre- judgment interest and attorneys fees) does not conflict with other pleading requirements, such as Rule 47 and Tex. Rev. Civ. Stat. Ann. art. 4590i, 5.01. In a suit to which Rule 190.2 applies, the relief awarded cannot exceed the relief pleaded because the purpose of the rule, unlike Rule 47, is to bind the pleader to a maximum claim. Thus, the rule in Greenhalgh v. Service Lloyds Ins. Co., 787 S.W.2d 938 (Tex. 1990), does not apply.
Discrete subparts of interrogatories are counted as single interrogatories, but not every separate factual inquiry is a discrete subpart. See Fed. R. Civ. P. 33(a). While not susceptible of precise definition, see Braden v. Downey, 811 S.W.2d 922, 972-928 (Tex. 1991), a discrete subpart is, in general, one that calls for information that is not logically or factually related to the primary interrogatory. The number of sets of interrogatories is no longer limited to two.
As other rules make clear, unless otherwise ordered or agreed, parties seeking
discovery must serve requests sufficiently far in advance of the end of the discovery period that the deadline for responding will be within the discovery period. The court may order a deadline for sending discovery requests in lieu of or in addition to a deadline for completing discovery.
Use of forms of discovery other than depositions and interrogatories, such as requests for disclosure, admissions, or production of documents, are not restricted in Levels 1 and
2. But depositions on written questions cannot be used to circumvent the limits on interrogatories.
The concept of side in Rule 190.3(b)(2) borrows from Rule 233, which governs the allocation of peremptory strikes, and from Fed. R. Civ. P. 30(a)(2). In most cases there are only two sides plaintiffs and defendants. In complex cases, however, there may be more than two sides, such as when defendants have sued third parties not named by plaintiffs, or when defendants have sued each other. As an example, if P1 and P2 sue D1, D2, and D3, and D1 sues D2 and D3, Ps would together be entitled to depose Ds and others permitted by the rule (i.e., Ds experts and persons subject to Ds control) for 50 hours, and Ds would together be entitled to depose Ps and others for 50 hours. D1 would also be entitled to depose D2 and D3 and others for 50 hours on matters in controversy among them, and D2 and D3 would together be entitled to depose D1 and others for 50 hours.
Any matter listed in Rule 166 may be addressed in an order issued under Rule
190.4. A pretrial order under Rule 166 may be used in individual cases regardless of the discovery level.
For purposes of defining discovery periods, trial does not include summary judgment.
required disclosures.
Notes and Comments: Comment to 1999 change:
Comment to 2013 change: Rule 190 is amended to implement section 22.004(h) of the Texas Government Code, which calls for rules to promote the prompt, efficient, and cost-effective resolution of civil actions when the amount in controversy does not exceed $100,000. Rule 190.2 now applies to expedited actions, as defined by Rule 169. Rule 190.2 continues to apply to divorces not involving children in which the value of the marital estate is not more than $50,000, which are otherwise exempt from the expedited actions process. Amended Rule 190.2(b) ends the discovery period 180 days after the date the first discovery request is served; imposes a fifteen limit maximum on interrogatories, requests for production, and requests for admission; and allows for additional disclosures. Although expedited actions are not subject to mandatory additional discovery under amended Rule 190.5, the court may still allow additional discovery if the conditions of Rule 190.5(a) are met.
Comment to 2021 change: Rule 190.2 is amended to implement section 22.004(h-1) of the Texas Government Code. Under amended Rule 190.2, Level 1 discovery limitations now apply to a broader subset of civil actions: expedited actions under Rule 169, which is also amended to implement section 22.004(h-1) of the Texas Government Code, and divorces not involving children in which the value of the marital estate is not more than $250,000. Level 1 limitations are revised to impose a twenty-hour limit on oral depositions. Disclosure requests under Rule 190.2(b)(6) and Rule 194 are now replaced by required disclosures under Rule 194, as amended. The discovery periods under Rules 190.2(b)(1) and 190.3(b)(1) are revised to reference the
Rule 191. Modifying Discovery Procedures and Limitations; Conference Requirement; Signing Disclosures; Discovery Requests, Responses, and Objections; Filing Requirements
Except where specifically prohibited, the procedures and limitations set forth in the rules pertaining to discovery may be modified in any suit by the agreement of the parties or by court order for good cause. An agreement of the parties is enforceable if it complies with Rule 11 or, as it affects an oral deposition, if it is made a part of the record of the deposition.
Parties and their attorneys are expected to cooperate in discovery and to make any agreements reasonably necessary for the efficient disposition of the case. All discovery motions or requests for hearings relating to discovery must contain a certificate by the party filing the motion or request that a reasonable effort has been made to resolve the dispute without the necessity of court intervention and the effort failed.
by an attorney, if the party is represented by an attorney, and must show the attorney's State Bar of Texas identification number, address, telephone number, and fax number, if any; or
by the party, if the party is not represented by an attorney, and must show the party's address, telephone number, and fax number, if any.
is consistent with the rules of civil procedure and these discovery rules and warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law;
has a good faith factual basis;
is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation; and
is not unreasonable or unduly burdensome or expensive, given the needs of the case, the discovery already had in the case, the amount in controversy, and the importance of the issues at stake in the litigation.
discovery requests, deposition notices, and subpoenas required to be served only on parties;
responses and objections to discovery requests and deposition notices, regardless on whom the requests or notices were served;
documents and tangible things produced in discovery; and
statements prepared in compliance with Rule 193.3(b) or (d).
discovery requests, deposition notices, and subpoenas required to be served on nonparties;
motions and responses to motions pertaining to discovery matters; and
agreements concerning discovery matters, to the extent necessary to comply with Rule 11.
the court may order discovery materials to be filed;
a person may file discovery materials in support of or in opposition to a motion or for other use in a court proceeding; and
a person may file discovery materials necessary for a proceeding in an appellate court.
Every disclosure, discovery request, notice, response, and objection required to be served on a party or person must be served on all parties of record.
Rule 191.1 preserves the ability of parties by agreement and trial courts by order to adapt discovery to different circumstances. That ability is broad but not unbounded. Parties cannot merely by agreement modify a court order without the courts concurrence. Trial courts cannot simply opt out of these rules by form orders or approve or order a discovery control plan that does not contain the matters specified in Rule 190.4, but trial courts may use standard or form orders for providing discovery plans, scheduling, and other pretrial matters. In individual instances, courts may order, or parties may agree, to use discovery methods other than those prescribed in these rules if appropriate. Because the general rule is stated here, it is not repeated in each context in which it applies. Thus, for example, parties can agree to enlarge or shorten the time permitted for a deposition and to change the manner in which a deposition is conducted, notwithstanding Rule 199.5, although parties could not agree to be abusive toward a witness.
Rule 191.2 expressly states the obligation of parties and their attorneys to cooperate in conducting discovery.
The requirement that discovery requests, notices, responses, and objections be signed also applies to documents used to satisfy the purposes of such instruments. An example is a statement that privileged material or information has been withheld, which may be separate from
a response to the discovery request but is nevertheless part of the response.
Notes and Comments: Comment to 1999 change:
Rule 192. Permissible Discovery: Forms and Scope; Work Product; Protective Orders; Definitions
Permissible forms of discovery are:
except in a suit governed by the Family Code, required disclosures;
in a suit governed by the Family Code, requests for disclosure;
requests for production and inspection of documents and tangible things;
requests and motions for entry upon and examination of real property;
interrogatories to a party;
requests for admission;
oral or written depositions; and
motions for mental or physical examinations.
In a suit not governed by the Family Code, unless otherwise agreed to by the parties or ordered by the court, a party cannot serve discovery on another party until after the other partys initial disclosures are due.
In a suit governed by the Family Code, a party may serve discovery with the initial pleading.
admissible evidence.
the expert's name, address, and telephone number;
the subject matter on which a testifying expert will testify;
the facts known by the expert that relate to or form the basis of the expert's mental impressions and opinions formed or made in connection with the case in which the discovery is sought, regardless of when and how the factual information was acquired;
the expert's mental impressions and opinions formed or made in connection with the case in which discovery is sought, and any methods used to derive them;
any bias of the witness;
all documents, tangible things, reports, models, or data compilations that have been provided to, reviewed by, or prepared by or for the expert in anticipation of a testifying expert's testimony;
the expert's current resume and bibliography.
The discovery methods permitted by these rules should be limited by the court if it determines, on motion or on its own initiative and on reasonable notice, that:
the discovery sought is unreasonably cumulative or duplicative, or is obtainable from some other source that is more convenient, less burdensome, or less expensive; or
the burden or expense of the proposed discovery outweighs its likely benefit, taking into account the needs of the case, the amount in controversy, the parties' resources, the importance of the issues at stake in the litigation, and the importance of the proposed discovery in resolving the issues.
material prepared or mental impressions developed in anticipation of litigation or for trial by or for a party or a party's representatives, including the party's attorneys, consultants, sureties, indemnitors, insurers, employees, or agents; or
a communication made in anticipation of litigation or for trial between a party and the party's representatives or among a party's representatives, including the party's attorneys, consultants, sureties, indemnitors, insurers, employees, or agents.
information discoverable under Rule 192.3 concerning experts, trial witnesses, witness statements, and contentions;
trial exhibits ordered disclosed under Rule 166 or Rule 190.4;
the name, address, and telephone number of any potential party or any person with knowledge of relevant facts;
any photograph or electronic image of underlying facts (e.g., a photograph of the accident scene) or a photograph or electronic image of any sort that a party intends to offer into evidence; and
any work product created under circumstances within an exception to the attorney- client privilege in Rule 503(d) of the Rules of Evidence.
the requested discovery not be sought in whole or in part;
the extent or subject matter of discovery be limited;
the discovery not be undertaken at the time or place specified;
the discovery be undertaken only by such method or upon such terms and conditions or at the time and place directed by the court;
the results of discovery be sealed or otherwise protected, subject to the provisions of Rule 76a.
As used in these rules:
Written discovery means required disclosures, requests for disclosure in suits governed by the Family Code, requests for production and inspection of documents and tangible things, requests for entry onto property, interrogatories, and requests for admission.
Possession, custody, or control of an item means that the person either has physical possession of the item or has a right to possession of the item that is equal or superior to the person who has physical possession of the item.
A testifying expert is an expert who may be called to testify as an expert witness at trial.
A consulting expert is an expert who has been consulted, retained, or specially employed by a party in anticipation of litigation or in preparation for trial, but who is not a testifying expert.
While the scope of discovery is quite broad, it is nevertheless confined by the subject matter of the case and reasonable expectations of obtaining information that will aid resolution of the dispute. The rule must be read and applied in that context. See In re American Optical Corp., _S.W.2d_ (Tex. 1998) (per curiam); K-Mart v. Sanderson, 937 S.W.2d 429 (Tex. 1996) (per curiam); Dillard Dept. Stores v. Hall, 909 S.W.2d 491 (Tex. 1995) (per curiam); Texaco, Inc. v. Sanderson, 898 S.W.2d 813 (Tex. 1995) (per curiam); Loftin v. Martin, 776 S.W.2d 145, 148 (Tex. 1989).
The definition of documents and tangible things has been revised to clarify that things relevant to the subject matter of the action are within the scope of discovery regardless of their form.
Rule 192.3(c) makes discoverable a brief statement of each identified persons connection with the case. This provision does not contemplate a narrative statement of the facts the person knows, but at most a few words describing the persons identity as relevant to the lawsuit. For instance: treating physician, eyewitness, chief financial officer, director, plaintiffs mother and eyewitness to accident. The rule is intended to be consistent with Axelson
v. McIlhany, 798 S.W.2d 550 (Tex. 1990).
Rule 192.3(g) does not suggest that settlement agreements in other cases are relevant or irrelevant.
Rule 192.3(j) makes a partys legal and factual contentions discoverable but does not require more than a basic statement of those contentions and does not require a marshaling of evidence.
The sections in former Rule 166b concerning land and medical records are not included in this rule. They remain within the scope of discovery and are discussed in other rules.
The courts power to limit discovery based on the needs and circumstances of the case is expressly stated in Rule 192.4. The provision is taken from Rule 26(b)(2) of the Federal Rules of Civil Procedure. Courts should limit discovery under this rule only to prevent unwarranted delay and expense as stated more fully in the rule. A court abuses its discretion in unreasonably restricting a partys access to information through discovery.
Work product is defined for the first time, and its exceptions stated. Work product
replaces the attorney work product and party communication discovery exemptions from former Rule 166b.
Elimination of the witness statement exemption does not render all witness statements automatically discoverable but subjects them to the same rules concerning the scope of discovery and privileges applicable to other documents or tangible things.
Notes and Comments: Comment to 1999 change:
Rule 193. Written Discovery: Response; Objection; Assertion of Privilege; Supplementation and Amendment; Failure to Timely Respond; Presumption of Authenticity
A party must respond to written discovery in writing within the time provided by court order or these rules. When responding to written discovery, a party must make a complete response, based on all information reasonably available to the responding party or its attorney at the time the response is made. The responding party's answers, objections, and other responses must be preceded by the request or required disclosure to which they apply.
privileged but should instead comply with Rule 193.3. A party who objects to production of privileged material or information does not waive the privilege but must comply with Rule 193.3 when the error is pointed out.
A party may preserve a privilege from written discovery in accordance with this subdivision.
-that:
information or material responsive to the request or required disclosure has been withheld,
the request or required disclosure to which the information or material relates, and
the privilege or privileges asserted.
describes the information or materials withheld that, without revealing the privileged information itself or otherwise waiving the privilege, enables other parties to assess the applicability of the privilege, and
asserts a specific privilege for each item or group of items withheld.
created or made from the point at which a party consults a lawyer with a view to obtaining professional legal services from the lawyer in the prosecution or defense of a specific claim in the litigation in which discovery is requested or required, and
concerning the litigation in which the discovery is requested or required.
information without intending to waive a claim of privilege does not waive that claim under these rules or the Rules of Evidence if - within ten days or a shorter time ordered by the court, after the producing party actually discovers that such production was made - the producing party amends the response, identifying the material or information produced and stating the privilege asserted. If the producing party thus amends the response to assert a privilege, any party who has obtained the specific material or information must promptly return the specified material or information and any copies pending any ruling by the court denying the privilege.
Hearing. Any party may at any reasonable time request a hearing on an objection or claim of privilege asserted under this rule. The party making the objection or asserting the privilege must present any evidence necessary to support the objection or privilege. The evidence may be testimony presented at the hearing or affidavits served at least seven days before the hearing or at such other reasonable time as the court permits. If the court determines that an in camera review of some or all of the requested discovery or required disclosure is necessary, that material or information must be segregated and produced to the court in a sealed wrapper within a reasonable time following the hearing.
to the extent that the written discovery sought the identification of persons with knowledge of relevant facts, trial witnesses, or expert witnesses, and
to the extent that the written discovery sought other information, unless the additional or corrective information has been made known to the other parties in writing, on the record at a deposition, or through other discovery responses.
response must be made reasonably promptly after the party discovers the necessity for such a response. Except as otherwise provided by these rules, it is presumed that an amended or supplemental response made less than 30 days before trial was not made reasonably promptly. An amended or supplemental response must be in the same form as the initial response and must be verified by the party if the original response was required to be verified by the party, but the failure to comply with this requirement does not make the amended or supplemental response untimely unless the party making the response refuses to correct the defect within a reasonable time after it is pointed out.
there was good cause for the failure to timely make, amend, or supplement the discovery response; or
the failure to timely make, amend, or supplement the discovery response will not unfairly surprise or unfairly prejudice the other parties.
A party's production of a document in response to written discovery authenticates the document for use against that party in any pretrial proceeding or at trial unless - within ten days or a longer or shorter time ordered by the court, after the producing party has actual notice that the document will be used - the party objects to the authenticity of the document, or any part of it, stating the specific basis for objection. An objection must be either on the record or in writing and must have a good faith factual and legal basis. An objection made to the authenticity of only part of a document does not affect the authenticity of the remainder. If objection is made, the party attempting to use the document should be given a reasonable opportunity to establish its authenticity.
This rule imposes a duty upon parties to make a complete response to written discovery based upon all information reasonable available, subject to objections and privileges.
An objection to a written discovery does not excuse the responding party from complying with the request to the extent no objection is made. But a party may object to a request for all documents relevant to the lawsuit as overly broad and not in compliance with the rule requiring specific requests for documents and refuse to comply with it entirely. See Loftin v. Martin, 776 S.W.2d 145 (Tex. 1989). A party may also object to a request for a litigation file on the ground that it is overly broad and may assert that on its face the request seeks only materials protected by privilege. See National Union Fire Ins. Co. v. Valdez, 863 S.W.2d 458 (Tex. 1993). A party who objects to production of documents from a remote time period should produce documents from a more recent period unless that production would be burdensome and duplicative should the objection be overruled.
This rule governs the presentation of all privileges including work product. It dispenses with objections to written discovery requests on the basis that responsive information or materials are protected by a specific privilege from discovery. Instead, the rule requires parties to state that information or materials have been withheld and to identify the privilege upon which the party relies. The statement should not be made prophylactically, but only when specific information and materials have been withheld. The party must amend or supplement the statement if additional privileged information or material is found subsequent to the initial response. Thus, when large numbers of documents are being produced, a party may amend the initial response when documents are found as to which the party claims privilege. A party need not state that material created by or for lawyers for the litigation has been withheld as it can be assumed that such material will be withheld from virtually any request on the grounds of attorney-client privilege or work product. However, the rule does not prohibit a party from specifically requesting the material or information if the party has a good faith basis for asserting that it is discoverable. An example would be material or information described by Rule 503(d)(1) of the Rules of Evidence.
Rule 193.3(d) is a new provision that allows a party to assert a claim of privilege to material or information produced inadvertently without intending to waive the privilege. The provision is commonly used in complex cases to reduce costs and risks in large document productions. The focus is on the intent to waive the privilege, not the intent to produce the material or information. A party who fails to diligently screen documents before producing them does not waive a claim of privilege. This rule is thus broader than Tex. R. Evid. 511 and overturns Granada Corp. v. First Court of Appeals, 844 S.W.2d 223 (Tex. 1992), to the extent the two conflict. The ten-day period (which may be shortened by the court) allowed for an amended response does not run from the production of the material or information but from the partys first awareness of the mistake. To avoid complications at trial, a party may identify prior to trial the documents intended to be offered, thereby triggering the obligation to assert any overlooked privilege under this rule. A trial court may also order this procedure.
This rule imposes no duty to supplement or amend deposition testimony. The only duty to supplement deposition testimony is provided in Rule 195.6.
Any party can request a hearing in which the court will resolve issues brought up in objections or withholding statements. The party seeking to avoid discovery has the burden of proving the objection or privilege.
The self-authenticating provision is new. Authentication is, of course, but a condition precedent to admissibility and does not establish admissibility. See Tex. R. Evid. 901(a). The ten-day period allowed for objection to authenticity (which period may be altered by the court in appropriate circumstances) does not run from the production of the material or information but from the partys actual awareness that the document will be used. To avoid complications at trial, a party may identify prior to trial the documents intended to be offered, thereby triggering the obligation to object to authenticity. A trial court may also order this procedure. An objection to authenticity must be made in good faith.
Notes and Comments: Comment to 1999 change:
Rule 194. 2(c), or as Otherwise Agreed by The Parties or Ordered by The Court, a Party Must, Without Awaiting a Discovery Request, Provide to The Other Parties The Information or Material Described in Rule 194.2, 194.3, and 194.4.
the correct names of the parties to the lawsuit;
the name, address, and telephone number of any potential parties;
the legal theories and, in general, the factual bases of the responding party's claims or defenses (the responding party need not marshal all evidence that may be offered at trial);
the amount and any method of calculating economic damages;
the name, address, and telephone number of persons having knowledge of relevant facts, and a brief statement of each identified person's connection with the case;
a copyor a description by category and locationof all documents, electronically stored information, and tangible things that the responding party has in its possession, custody, or control, and may use to support its claims or defenses, unless the use would be solely for impeachment;
any indemnity and insuring agreements described in Rule 192.3(f);
any settlement agreements described in Rule 192.3(g);
any witness statements described in Rule 192.3(h);
in a suit alleging physical or mental injury and damages from the occurrence that is the subject of the case, all medical records and bills that are reasonably related to the injuries or damages asserted or, in lieu thereof, an authorization permitting the disclosure of such medical records and bills;
in a suit alleging physical or mental injury and damages from the occurrence that is the subject of the case, all medical records and bills obtained by the responding party by virtue of an authorization furnished by the requesting party; and
the name, address, and telephone number of any person who may be designated as a responsible third party.
an action for review on an administrative record;
a forfeiture action arising from a state statute;
a petition for habeas corpus;
an action involving domestic violence; and
an action on appeal from a justice court.
In addition to the disclosures required by Rule 194.2, a party must disclose to the other parties testifying expert information as provided by Rule 195.
Rule 194. 2 and 194.3, a Party Must Provide to The Other Parties and Promptly File The Following Information About The Evidence that It May Present at Trial Other than Solely for Impeachment:
the name and, if not previously provided, the address, and telephone number of each witnessseparately identifying those the party expects to present and those it may call if the need arises;
an identification of each document or other exhibits, including summaries of other evidenceseparately identifying those items the party expects to offer and those it may offer if the need arises.
No objection or assertion of work product is permitted to a disclosure under this rule.
A disclosure under Rule 194.2(b)(3) and (4) that has been changed by an amended or supplemental response is not admissible and may not be used for impeachment.
Disclosure is designed to afford parties basic discovery of specific categories of information, not automatically in every case, but upon request, without preparation of a lengthy inquiry, and without objection or assertion of work product. In those extremely rare cases when information ordinarily discoverable should be protected, such as when revealing a persons residence might result in harm to the person, a party may move for protection. A party may assert any applicable privileges other than work product using the procedures of Rule 193.3 applicable to other written discovery. Otherwise, to fail to respond fully to a request for disclosure would be
an abuse of the discovery process.
Rules 194.2(c) and (d) permit a party further inquiry into anothers legal theories and factual claims than is often provided in notice pleadings. So-called contention interrogatories are used for the same purpose. Such interrogatories are not properly used to require a party to marshal evidence or brief legal issues. Paragraphs (c) and (d) are intended to require disclosure of a partys basic assertions, whether in prosecution of claims or in defense. Thus, for example, a plaintiff would be required to disclose that he or she claimed damages suffered in a car wreck caused by defendants negligence in speeding, and would be required to state how loss of past earnings and future earning capacity was calculated, but would not be required to state the speed at which defendant was allegedly driving. Paragraph (d) does not require a party, either a plaintiff or a defendant, to state a method of calculating non-economic damages, such as for mental anguish. In the same example, defendant would be required to disclose his or her denial of the speeding allegation and any basis for contesting the damage calculations.
Responses under Rule 194.2(c) and (d) that have been amended or supplemented are inadmissible and cannot be used for impeachment, but other evidence of changes in position is not likewise barred.
Notes and Comments: Comment to 1999 change:
Comment to 2021 change: Rule 194 is amended to implement section 22.004(h-1) of the Texas Government Code. Rule 194 is amended based on Federal Rule of Civil Procedure 26(a) to require disclosure of basic discovery automatically, without awaiting a discovery request. A party is not excused from making its disclosures because it has not fully investigated the case or because it challenges the sufficiency of another partys disclosures or because another party has not made its disclosures. As with other written discovery responses, required disclosures must be signed under Rule 191.3, complete under Rule 193.1, served under rule 191.5, and timely amended or supplemented under Rule 193.5.
Comment to 2023 change: Rule 194 is amended to implement chapter 301 of the Family Code.
Rule 194A. Requests for Disclosure in Suits Governed by The Family Code
No later than 30 days before the end of any applicable discovery period, a party may obtain disclosure from another party of the information or material described in Rule 194a.2 by serving the other party the following request: Under Rule 194a, you are requested to disclose, within 30 days of service of this request, the information or material described in Rule [state rule, e.g., 194a.2, or 194a.2(a), (c), (f), or 194a.2(d)(g)].
A party may request disclosure under Rule 194a.1 of any of the following:
the correct names of the parties to the lawsuit;
the name, address, and telephone number of any potential parties;
the legal theories and, in general, the factual bases of the responding partys claims or defenses (but the responding party need not marshal all evidence that may be offered at trial);
the amount and any method of calculating economic damages;
the name, address, and telephone number of any person having knowledge of relevant facts and a brief statement of each identified persons connection with the case;
for any testifying expert:
the experts name, address, and telephone number;
the subject matter on which the expert will testify;
the general substance of the experts mental impressions and opinions and a brief summary of the basis for them, or if the expert is not retained by, employed by, or otherwise subject to the control of the responding party, documents reflecting that information; and
if the expert is retained by, employed by, or otherwise subject to the control of the responding party:
all documents, tangible things, reports, models, or data compilations that have been provided to, reviewed by, or prepared by or for the expert in anticipation of the experts testimony; and
the experts current resume and biography;
any discoverable settlement agreement described by Rule 192.3(g);
any discoverable witness statement described by Rule 192.3(h);
in a suit alleging physical or mental injury and damages from the occurrence that is the subject of the case:
all medical records and bills that are reasonably related to the injuries or damages asserted; or
an authorization permitting the disclosure of the information described by paragraph (i)(1);
in a suit alleging physical or mental injury and damages from the occurrence that is the subject of the case, all medical records and bills obtained by the responding party through an authorization provided by the requesting party; and
the name, address, and telephone number of any person who may be designated as a responsible third party.
The responding party must serve a written response on the requesting party within 30 days after service of the request, except that:
a defendant served with a request before the defendants answer is due is not required to respond until 50 days after service of the request; and
a response to a request under Rule 194a.2(f) is governed by Rule 195a.
The responding party must provide copies of documents and other tangible items with the response unless:
the responsive documents are voluminous;
the responding party states a reasonable time and place for the production of the documents;
the responding party produces the documents at the time and place stated under paragraph
(b) unless otherwise agreed by the parties or ordered by the court; and
the responding party provides the requesting party a reasonable opportunity to inspect the documents.
A party may not assert a work product privilege for or object on the basis of a work product privilege to a request served under Rule 194a.1.
A response to a request under Rule 194a.2(c) or (d) that has been changed by an amended or supplemental response is not admissible and may not be used for impeachment.
Notes and Comments: Comment to 2023 change: New Rule 194a is added to implement chapter 301 of the Family Code.
Rule 195. Discovery Regarding Testifying Expert Witnesses in Suits Not Governed by The Family Code
A party may obtain information concerning testifying expert witnesses only through disclosure under this rule and through depositions and reports as permitted by this rule.
Unless otherwise ordered by the court, a party must designate experts - that is, furnish information described in Rule 195.5(a)by the following dates:
with regard to all experts testifying for a party seeking affirmative relief, 90 days before the end of the discovery period;
with regard to all other experts, 60 days before the end of the discovery period.
In addition to the information disclosed under Rule 195.5(a), a party may obtain discovery concerning the subject matter on which the expert is expected to testify, the expert's mental impressions and opinions, the facts known to the expert (regardless of when the factual information was acquired) that relate to or form the basis of the testifying expert's mental impressions and opinions, and other discoverable matters, including documents not produced in disclosure, only by oral deposition of the expert and by a report prepared by the expert under this rule.
the experts name, address, and telephone number;
the subject matter on which the expert will testify;
the general substance of the experts mental impressions and opinions and a brief summary of the basis for them, or if the expert is not retained by, employed by, or otherwise subject to the control of the responding party, documents reflecting such information;
if the expert is retained by, employed by, or otherwise subject to the control of the responding party:
all documents, tangible things, reports, models, or data compilations that have been provided to, reviewed by, or prepared by or for the expert in anticipation of the experts testimony;
the experts current resume and bibliography;
the experts qualifications, including a list of all publications authored in the previous 10 years;
except when the expert is the responding partys attorney and is testifying to attorney fees, a list of all other cases in which, during the previous four years, the expert testified as an expert at trial or by deposition; and
a statement of the compensation to be paid for the experts study and testimony in the case.
relate to compensation for the experts study or testimony;
identify facts or data that the partys attorney provided and that the expert
considered in forming the opinions to be expressed; or
identify assumptions that the partys attorney provided and that the expert relied on in forming the opinions to be expressed.