Transcription

Texas Rules of Civil ProcedureTable of ContentsPART I - GENERAL RULESRULE 1.OBJECTIVE OF RULESRULE 2.SCOPE OF RULESRULE 3.CONSTRUCTION OF RULESRULE 3a.LOCAL RULESRULE 4.COMPUTATION OF TIMERULE 5.ENLARGEMENT OF TIMERULE 6.SUITS COMMENCED ON SUNDAYRULE 7.MAY APPEAR BY ATTORNEYRULE 8.ATTORNEY IN CHARGERULE 9.NUMBER OF COUNSEL HEARDRULE 10.WITHDRAWAL OF ATTORNEYRULE 11.AGREEMENTS TO BE IN WRITINGRULE 12.ATTORNEY TO SHOW AUTHORITYRULE 13.EFFECT OF SIGNING PLEADINGS, MOTIONS AND OTHERPAPERS; SANCTIONSRULE 14.AFFIDAVIT BY AGENTRULE 14b.RETURN OR OTHER DISPOSITION OF EXHIBITSRULE 14c.DEPOSIT IN LIEU OF SURETY BONDPART II - RULES OF PRACTICE IN DISTRICT AND COUNTY COURTS

Section 1 - General RulesRULE 15.WRITS AND PROCESSESRULE 16.SHALL ENDORSE ALL PROCESSRULE 17.OFFICER TO EXECUTE PROCESSRULE 18.WHEN JUDGE DIES DURING TERMS, RESIGNS OR IS DISABLEDRULE 18a.RECUSAL OR DISQUALIFICATION OF JUDGESRULE 18b.GROUNDS FOR DISQUALIFICATION OR RECUSAL OF JUDGESRULE 18c.RECORDING AND BROADCASTING OF COURT PROCEEDINGSRULE 19.NON-ADJOURNMENT OF TERMRULE 20.MINUTES READ AND SIGNEDRULE 21.FILING AND SERVING PLEADINGS AND MOTIONSRULE 21a.METHODS OF SERVICERULE 21b.SANCTIONS FOR FAILURE TO SERVE OR DELIVERY A COPY OFPLEADINGS AND MOTIONSRULE 21c.PRIVACY PROTECTION FOR FILED DOCUMENTSSection 2 - Institution of SuitRULE 22.COMMENCED BY PETITIONRULE 23.SUITS TO BE NUMBERED CONSECUTIVELYRULE 24.DUTY OF CLERKRULE 25.CLERK'S FILE DOCKETRULE 26.CLERK'S COURT DOCKETRULE 27.ORDER OF CASESSection 3 - Parties to Suits

RULE 28.SUITS IN ASSUMED NAMERULE 29.SUIT ON CLAIM AGAINST DISSOLVED CORPORATIONRULE 30.PARTIES TO SUITSRULE 31.SURETY NOT TO BE SUED ALONERULE 32.MAY HAVE QUESTION OF SURETYSHIP TRIEDRULE 33.SUITS BY OR AGAINST COUNTIESRULE 34.AGAINST SHERIFF, ETC.RULE 35.ON OFFICIAL BONDSRULE 36.DIFFERENT OFFICIALS AND BONDSMENRULE 37.ADDITIONAL PARTIESRULE 38.THIRD-PARTY PRACTICERULE 39.JOINDER OF PERSONS NEEDED FOR JUST ADJUDICATIONRULE 40.PERMISSIVE JOINDER OF PARTIESRULE 41.MISJOINDER AND NON-JOINDER OF PARTIESRULE 42.CLASS ACTIONSRULE 43.INTERPLEADERRULE 44.MAY APPEAR BY NEXT FRIENDSection 4 - PleadingA. GeneralRULE 45.DEFINITION AND SYSTEMRULE 46.PETITION AND ANSWER; EACH ONE INSTRUMENT OF WRITINGRULE 47.CLAIMS FOR RELIEFRULE 48.ALTERNATIVE CLAIMS FOR RELIEFRULE 49.WHERE SEVERAL COUNTS

RULE 50.PARAGRAPHS, SEPARATE STATEMENTSRULE 51.JOINDER OF CLAIMS AND REMEDIESRULE 52.ALLEGING A CORPORATIONRULE 53.SPECIAL ACT OR LAWRULE 54.CONDITIONS PRECEDENTRULE 55.JUDGMENTRULE 56.SPECIAL DAMAGERULE 57.SIGNING OF PLEADINGSRULE 58.ADOPTION BY REFERENCERULE 59.EXHIBITS AND PLEADINGRULE 60.INTERVENOR'S PLEADINGSRULE 61.TRIAL: INTERVENORS: RULES APPLY TO ALL PARTIESRULE 62.AMENDMENT DEFINEDRULE 63.AMENDMENTS AND RESPONSIVE PLEADINGSRULE 64.AMENDED INSTRUMENTRULE 65.SUBSTITUTED INSTRUMENT TAKES PLACE OF ORIGINALRULE 66.TRIAL AMENDMENTRULE 67.AMENDMENTS TO CONFORM TO ISSUES TRIED WITHOUT OBJECTIONRULE 68.COURT MAY ORDER REPLEADERRULE 69.SUPPLEMENTAL PETITION OR ANSWERRULE 70.PLEADING: SURPRISE: COSTRULE 71.MISNOMER OF PLEADINGRULE 74.FILING WITH THE COURT DEFINED

RULE 75.FILED PLEADINGS; WITHDRAWALRULE 75a.FILING EXHIBITS: COURT REPORTER TO FILE WITH CLERKRULE 75b.FILED EXHIBITS: WITHDRAWALRULE 76.MAY INSPECT PAPERSRULE 76a.SEALING COURT RECORDSRULE 77.LOST RECORDS AND PAPERSSection 4 - PleadingB. Pleadings of PlaintiffRULE 78.PETITION; ORIGINAL AND SUPPLEMENTAL; INDORSEMENTRULE 78a.CASE INFORMATION SHEETRULE 79.THE PETITIONRULE 80.PLAINTIFF'S SUPPLEMENTAL PETITIONRULE 81.DEFENSIVE MATTERSRULE 82.SPECIAL DEFENSESSection 4 - PleadingC. Pleadings of DefendantRULE 83.ANSWER; ORIGINAL AND SUPPLEMENTAL; ENDORSEMENTRULE 84.ANSWER MAY INCLUDE SEVERAL MATTERSRULE 85.ORIGINAL ANSWER; CONTENTSRULE 86.MOTION TO TRANSFER VENUERULE 87.DETERMINATION OF MOTION TO TRANSFERRULE 88.DISCOVERY AND VENUERULE 89.TRANSFERRED IF MOTION IS SUSTAINEDRULE 90.WAIVER OF DEFECTS IN PLEADING

RULE 91.SPECIAL EXCEPTIONSRULE 91aDISMISSAL OF BASELESS CAUSES OF ACTIONRULE 92.GENERAL DENIALRULE 93.CERTAIN PLEAS TO BE VERIFIEDRULE 94.AFFIRMATIVE DEFENSESRULE 95.PLEAS OF PAYMENTRULE 96.NO DISCONTINUANCERULE 97.COUNTERCLAIM AND CROSS-CLAIMRULE 98.SUPPLEMENTAL ANSWERSSection 5 - CitationRULE 99.ISSUANCE AND FORM OF CITATIONRULE 103.WHO MAY SERVERULE 105.DUTY OF OFFICER OR PERSON RECEIVINGRULE 106.METHOD OF SERVICERULE 107.RETURN OF SERVICERULE 108.SERVICE IN ANOTHER STATERULE 108a. SERVICE OF PROCESS IN FOREIGN COUNTRIESRULE 109.CITATION BY PUBLICATIONRULE 109a. OTHER SUBSTITUTED SERVICERULE 110.EFFECT OF RULES ON OTHER STATUTESRULE 111.CITATION BY PUBLICATION IN ACTION AGAINST UNKNOWN HEIRSOR STOCKHOLDERS OF DEFUNCT CORPORATIONSRULE 112.PARTIES TO ACTION AGAINST UNKNOWN OWNERS OR CLAIMANTSOF INTEREST IN LAND

RULE 113.CITATION BY PUBLICATION IN ACTIONS AGAINST UNKNOWNOWNERS OR CLAIMANTS OF INTEREST IN LANDRULE 114.CITATION BY PUBLICATION; REQUISITESRULE 115.FORM OF PUBLISHED CITATION IN ACTIONS INVOLVING LANDRULE 116.SERVICE OF CITATION BY PUBLICATIONRULE 117.RETURN OF CITATION BY PUBLICATIONRULE 117a. CITATION IN SUITS FOR DELINQUENT AD VALOREM TAXESRULE 118.AMENDMENTRULE 119.ACCEPTANCE OF SERVICERULE 119a. COPY OF DECREERULE 120.ENTERING APPEARANCERULE 120a. SPECIAL APPEARANCERULE 121.ANSWER IS APPEARANCERULE 122.CONSTRUCTIVE APPEARANCERULE 123.REVERSAL OF JUDGMENTRULE 124.NO JUDGMENT WITHOUT SERVICESection 6 - Costs and Security ThereforRULE 125.PARTIES RESPONSIBLERULE 126.FEE FOR EXECUTION OF PROCESS, DEMANDRULE 127.PARTIES LIABLE FOR OTHER COSTSRULE 129.HOW COSTS COLLECTEDRULE 130.OFFICER TO LEVYRULE 131.SUCCESSFUL PARTY TO RECOVER

RULE 133.COSTS OF MOTIONRULE 136.DEMAND REDUCED BY PAYMENTSRULE 137.IN ASSAULT AND BATTERY, ETC.RULE 138.COST OF NEW TRIALSRULE 139.ON APPEAL AND CERTIORARIRULE 140.NO FEE FOR COPYRULE 141.COURT MAY OTHERWISE ADJUDGE COSTSRULE 142.SECURITY FOR COSTSRULE 143.RULE FOR COSTSRULE 143a. COSTS ON APPEAL TO COUNTY COURTRULE 144.JUDGMENT ON COST BONDRULE 145.AFFIDAVIT ON INDIGENCYRULE 146.DEPOSIT FOR COSTSRULE 147.APPLIES TO ANY PARTYRULE 148.SECURED BY OTHER BONDRULE 149.EXECUTION FOR COSTSSection 7 - Abatement and Discontinuance of SuitRULE 150.DEATH OF PARTYRULE 151.DEATH OF PLAINTIFFRULE 152.DEATH OF DEFENDANTRULE 153.WHEN EXECUTOR, ETC., DIESRULE 154.REQUISITES OF SCIRE FACIAS

RULE 155.SURVIVING PARTIESRULE 156.DEATH AFTER VERDICT OR CLOSE OF EVIDENCERULE 158.SUIT FOR THE USE OF ANOTHERRULE 159.SUIT FOR INJURIES RESULTING IN DEATHRULE 160.DISSOLUTION OF CORPORATIONRULE 161.WHERE SOME DEFENDANTS NOT SERVEDRULE 162.DISMISSAL OR NON-SUITRULE 163.DISMISSAL AS TO PARTIES SERVED, ETC.RULE 165.ABANDONMENTRULE 165a. DISMISSAL FOR WANT OF PROSECUTIONSection 8 - Pre-Trial ProcedureRULE 166.PRE-TRIAL CONFERENCERULE 166a. SUMMARY JUDGMENTRULE 167.OFFER OF SETTLEMENT; AWARD OF LITIGATION COSTSRULE 168.PERMISSION TO APPEALRULE 169.EXPEDITED ACTIONSRULE 171.MASTER IN CHANCERYRULE 172.AUDITRULE 173.GUARDIAN AD LITEMRULE 174.CONSOLIDATION; SEPARATE TRIALSRULE 175.ISSUE OF LAW AND DILATORY PLEASSection 9 - Evidence and DiscoveryA. EvidenceRULE 176.SUBPOENAS

RULE 180.REFUSAL TO TESTIFYRULE 181.PARTY AS WITNESSRULE 183.INTERPRETERSRULE 185.SUIT ON ACCOUNTSection 9 - Evidence and DiscoveryB. DiscoveryRULE 190.DISCOVERY LIMITATIONSRULE 191.MODIFYING DISCOVERY PROCEDURE AND LIMITATION;CONFERENCE REQUIREMENT; SIGNING DISCLOSURES; DISCOVERYREQUESTS, RESPONSES, AND OBJECTIONS; FILING REQUIREMENTSRULE 192.PERMISSIBLE DISCOVERY; FORMS AND SCOPE; WORK PRODUCT;PROTECTIVE ORDERS; DEFINITIONSRULE 193.WRITTEN DISCOVERY: RESPONSE; OBJECTION; ASSERTION OFPRIVILEGE; SUPPLEMENTATION AND AMENDMENT; FAILURE TOTIMELY RESPOND; PRESUMPTION OR AUTHENTICITYRULE 194.REQUESTS FOR DISCLOSURERULE 195.DISCOVERY REGARDING TESTIFYING EXPERT WITNESSESRULE 196.REQUESTS FOR PRODUCTION AND INSPECTION TO PARTIES; REQUESTSAND MOTIONS FOR ENTRY UPON PROPERTYRULE 197.INTERROGATORIES TO PARTIESRULE 198.REQUESTS FOR ADMISSIONSRULE 199.DEPOSITIONS UPON ORAL EXAMINATIONRULE 200.DEPOSITIONS UPON WRITTEN QUESTIONSRULE 201.DEPOSITIONS IN FOREIGN JURISDICTIONS FOR USE IN TEXASPROCEEDINGS; DEPOSITIONS IN TEXAS FOR USE IN FOREIGNPROCEEDINGSRULE 202.DEPOSITIONS BEFORE SUIT OR TO INVESTIGATE CLAIMSRULE 203.SIGNING, CERTIFICATION AND USE OF ORAL AND WRITTEN

DEPOSITIONSRULE 204.PHYSICAL AND MENTAL EXAMINATIONRULE 205.DISCOVERY FROM NON-PARTIESRULE 215.ABUSE OF DISCOVERY; SANCTIONSSection 10 - The Jury in CourtRULE 216.REQUEST AND FEE FOR JURY TRIALRULE 217.OATH OF INABILITYRULE 218.JURY DOCKETRULE 219.JURY TRIAL DAYRULE 220.WITHDRAWING CAUSE FROM JURY DOCKETRULE 221.CHALLENGE TO THE ARRAYRULE 222.WHEN CHALLENGE IS SUSTAINEDRULE 223.JURY LIST IN CERTAIN COUNTIESRULE 224.PREPARING JURY LISTRULE 225.SUMMONING TALESMANRULE 226.OATH TO JURY PANELRULE 226a. ADMONITORY INSTRUCTIONS TO JURY PANEL AND JURYRULE 227.CHALLENGE TO JURORRULE 228.“CHALLENGE FOR CAUSE” DEFINEDRULE 229.CHALLENGE FOR CAUSERULE 230.CERTAIN QUESTIONS NOT TO BE ASKEDRULE 231.NUMBER REDUCED BY CHALLENGESRULE 232.MAKING PEREMPTORY CHALLENGES

RULE 233.NUMBER OF PEREMPTORY CHALLENGESRULE 234.LISTS RETURNED TO THE CLERKRULE 235.IF JURY IS INCOMPLETERULE 236.OATH TO JURYSection 11 - Trial of CausesA. Appearance and ProcedureRULE 237.APPEARANCE DAYRULE 237a. CASES REMANDED FROM FEDERAL COURTRULE 238.CALL OF APPEARANCE DOCKETRULE 239.JUDGMENT BY DEFAULTRULE 239a. NOTICE OF DEFAULT JUDGMENTRULE 240.WHERE ONLY SOME ANSWERRULE 241.ASSESSING DAMAGES ON LIQUIDATED DEMANDSRULE 243.UNLIQUIDATED DEMANDSRULE 244.ON SERVICE BY PUBLICATIONRULE 245.ASSIGNMENT OF CASES FOR TRIALRULE 246.CLERK TO GIVE NOTICE OF SETTINGSRULE 247.TRIED WHEN SETRULE 248.JURY CASESRULE 249.CALL OF NON-JURY DOCKETSection 11 - Trial of CausesB. Continuance and Change of VenueRULE 251.CONTINUANCERULE 252.APPLICATION FOR CONTINUANCE

RULE 253.ABSENCE OF COUNSEL AS GROUND FOR CONTINUANCERULE 254.ATTENDANCE ON LEGISLATURERULE 255.CHANGE OF VENUE BY CONSENTRULE 257.GRANTED ON MOTIONRULE 258.SHALL BE GRANTEDRULE 259.TO WHAT COUNTYRULE 261.TRANSCRIPT ON CHANGESection 11 - Trial of CausesC. The TrialRULE 262.TRIAL BY THE COURTRULE 263.AGREED CASERULE 264.VIDEOTAPE TRIALRULE 265.ORDER OF PROCEEDINGS ON TRIAL BY JURYRULE 266.OPEN AND CLOSE - ADMISSIONRULE 267.WITNESSES PLACED UNDER RULERULE 268.MOTION FOR INSTRUCTED VERDICTRULE 269.ARGUMENTRULE 270.ADDITIONAL TESTIMONY

Section 11 - Trial of CausesD. Charge to the JuryRULE 271.CHARGE TO JURYRULE 272.REQUISITESRULE 273.JURY SUBMISSIONSRULE 274.OBJECTIONS AND REQUESTSRULE 275.CHARGE READ BEFORE ARGUMENTRULE 276.REFUSAL OR MODIFICATIONRULE 277.SUBMISSION TO THE JURYRULE 278.SUBMISSION OF QUESTIONS, DEFINITIONS, AND INSTRUCTIONSRULE 279.OMISSIONS FROM THE CHARGESection 11 - Trial of CausesE. Case to the JuryRULE 280.PRESIDING JUROR OF JURYRULE 281.PAPERS TAKEN TO THE JURY ROOMRULE 282.JURY KEPT TOGETHERRULE 283.DUTY OF OFFICER ATTENDING JURYRULE 284.JUDGE TO CAUTION JURYRULE 285.JURY MAY COMMUNICATE WITH COURTRULE 286.JURY MAY RECEIVE FURTHER INSTRUCTIONSRULE 287.DISAGREEMENT AS TO EVIDENCERULE 288.COURT OPEN FOR JURYRULE 289.DISCHARGE OF JURY

Section 11 - Trial of CausesF. VerdictRULE 290.DEFINITION AND SUBSTANCERULE 291.FORM OF VERDICTRULE 292.VERDICT BY PORTION OF ORIGINAL JURYRULE 293.WHEN THE JURY AGREERULE 294.POLLING THE JURYRULE 295.CORRECTION OF VERDICTSection 11 - Trial of CausesG. Findings by CourtRULE 296.REQUESTS FOR FINDINGS OF FACT AND CONCLUSIONS OF LAWRULE 297.TIME TO FILE FINDINGS OF FACT AND CONCLUSIONS OF LAWRULE 298.ADDITIONAL OR AMENDED FINDINGS OF FACT AND CONCLUSIONSOF LAWRULE 299.OMITTED FINDINGSRULE 299a. FINDINGS OF FACT TO BE SEPARATELY FILED AND NOT RECITED INA JUDGMENTSection 11 - Trial of CausesH. JudgmentsRULE 300.COURT TO RENDER JUDGMENTRULE 301.JUDGMENTSRULE 302.ON COUNTERCLAIMRULE 303.ON COUNTERCLAIM FOR COSTSRULE 304.JUDGMENT UPON RECORDRULE 305.PROPOSED JUDGMENTRULE 306.RECITATION OF JUDGMENT

RULE 306a. PERIODS TO RUN FROM SIGNING OF JUDGMENTRULE 306c. PREMATURELY FILED DOCUMENTSRULE 307.EXCEPTIONS, ETC., TRANSCRIPTRULE 308.COURT SHALL ENFORCE ITS DECREESRULE 308a. IN SUITS AFFECTING THE PARENT-CHILD RELATIONSHIPRULE 309.IN FORECLOSURE PROCEEDINGSRULE 310.WRIT OF POSSESSIONRULE 311.ON APPEAL FROM PROBATE COURTRULE 312.ON APPEAL FROM JUSTICE COURTRULE 313.AGAINST EXECUTORS, ETC.RULE 314.CONFESSION OF JUDGMENTSection 11 - Trial of CausesI. Remittitur and CorrectionRULE 315.REMITTITURRULE 316.CORRECTION OF CLERICAL MISTAKES IN JUDGMENT RECORDSection 11 - Trial of CausesJ. New TrialsRULE 320.MOTION AND ACTION OF COURT THEREONRULE 321.FORMRULE 322.GENERALITY TO BE AVOIDEDRULE 324.PREREQUISITES OF APPEALRULE 326.NOT MORE THAN TWORULE 327.FOR JURY MISCONDUCTRULE 329.MOTION FOR NEW TRIAL ON JUDGMENT FOLLOWING CITATION BYPUBLICATION

RULE 329a. COUNTY COURT CASESRULE 329b. TIME FOR FILING MOTIONSSection 11 - Trial of CausesK. Certain District CourtsRULE 330.RULES OF PRACTICE AND PROCEDURE IN CERTAIN DISTRICTCOURTSPART V - RULES OF PRACTICE IN JUSTICE COURTSRULE 500. GENERAL RULESRULE 501. CITATION AND SERVICERULE 502. INSTITUTION OF SUITRULE 503. DEFAULT JUDGMENT; PRE-TRIAL MATTERS; TRIALRULE 504. JURYRULE 505. JUDGMENT; NEW TRIALRULE 506. APPEALRULE 507. ADMINISTRATIVE RULES FOR JUDGES AND COURT PERSONNELRULE 508. DEBT CLAIM CASESRULE 509. REPAIR AND REMEDY CASESRULE 510. EVICTION CASESPART VI - RULES RELATING TO ANCILLARY PROCEEDINGSSection 1 - AttachmentRULE 592.APPLICATION FOR WRIT OF ATTACHMENT AND ORDERRULE 592a. BOND FOR ATTACHMENTRULE 592b. FORM OF ATTACHMENT BOND

RULE 593.REQUISITES FOR WRITRULE 594.FORM FOR WRITRULE 595.SEVERAL WRITSRULE 596.DELIVERY OF WRITRULE 597.DUTY OF OFFICERRULE 598.LEVY, HOW MADERULE 598a. SERVICE OF WRIT ON DEFENDANTRULE 599.DEFENDANT MAY REPLEVYRULE 600.SALE OF PERISHABLE PROPERTYRULE 601.TO PROTECT INTERESTSRULE 602.BOND OF APPLICANT FOR SALERULE 603.PROCEDURE FOR SALERULE 604.RETURN OF SALERULE 605.JUDGE MAY MAKE NECESSARY ORDERSRULE 606.RETURN OF WRITRULE 607.REPORT OF DISPOSITION OF PROPERTYRULE 608.DISSOLUTION OR MODIFICATION OF WRIT OF ATTACHMENTRULE 609.AMENDMENTSection 2 - Distress WarrantRULE 610.APPLICATION FOR DISTRESS WARRANT AND ORDERRULE 611.BOND FOR DISTRESS WARRANTRULE 612.REQUISITES FOR WARRANTRULE 613.SERVICE OF WARRANT ON DEFENDANT

RULE 614.DEFENDANT MAY REPLEVYRULE 614a. DISSOLUTION OR MODIFICATION OF DISTRESS WARRANTRULE 615.SALE OF PERISHABLE PROPERTYRULE 616.TO PROTECT INTERESTSRULE 617.PROCEDURE FOR SALERULE 618.RETURN OF SALERULE 619.CITATION FOR DEFENDANTRULE 620.PETITIONSection 3 - ExecutionsRULE 621.ENFORCEMENT OF JUDGMENTRULE 621a. DISCOVERY AND ENFORCEMENT OF JUDGMENTRULE 622.EXECUTIONRULE 623.ON DEATH OF EXECUTORRULE 624.ON DEATH OF NOMINAL PLAINTIFFRULE 625.ON MONEY OF DECEASEDRULE 626.ON PROPERTY OF DECEASEDRULE 627.TIME FOR ISSUANCERULE 628.EXECUTION WITHIN THIRTY DAYSRULE 629.REQUISITES OF EXECUTIONRULE 630.EXECUTION ON JUDGMENT FOR MONEYRULE 631.EXECUTION FOR SALE OF PARTICULAR PROPERTYRULE 632.EXECUTION FOR DELIVERY OF CERTAIN PROPERTYRULE 633.EXECUTION FOR POSSESSION OR VALUE OF PERSONAL PROPERTY

RULE 634.EXECUTION SUPERSEDEDRULE 635.STAY OF EXECUTION IN JUSTICE COURTRULE 636.INDORSEMENTS BY OFFICERRULE 637.LEVY OF EXECUTIONRULE 638.PROPERTY NOT TO BE DESIGNATEDRULE 639.LEVYRULE 640.LEVY ON STOCK RUNNING AT LARGERULE 641.LEVY ON SHARES OF STOCKRULE 643.LEVY ON GOODS PLEDGED OR MORTGAGEDRULE 644.MAY GIVE DELIVERY BONDRULE 645.PROPERTY MAY BE SOLD BY DEFENDANTRULE 646.FORFEITED DELIVERY BONDRULE 646a. SALE OF REAL PROPERTYRULE 647.NOTICE OF SALE OF REAL PROPERTYRULE 648.“COURTHOUSE DOOR” DEFINEDRULE 649.SALE OF PERSONAL PROPERTYRULE 650.NOTICE OF SALE OF PERSONAL PROPERTYRULE 651.WHEN EXECUTION IS NOT SATISFIEDRULE 652.PURCHASER FAILING TO COMPLYRULE 653.RESALE OF PROPERTYRULE 654.RETURN OF EXECUTIONRULE 655.RETURN OF EXECUTION BY MAILRULE 656.EXECUTION DOCKET

Section 4 - GarnishmentRULE 657.JUDGMENT FINAL FOR GARNISHMENTRULE 658.APPLICATION FOR WRIT OF GARNISHMENT AND ORDERRULE 658a. BOND FOR GARNISHMENTRULE 659.CASE DOCKETEDRULE 661.FORM OF WRITRULE 661a. DISSOLUTION OR MODIFICATION OF WRIT OF GARNISHMENTRULE 662.DELIVERY OF WRITRULE 663.EXECUTION AND RETURN OF WRITRULE 663a. SERVICE OF WRIT ON DEFENDANTRULE 664.DEFENDANT MAY REPLEVYRULE 665.ANSWER TO WRITRULE 666.GARNISHEE DISCHARGEDRULE 667.JUDGMENT BY DEFAULTRULE 668.JUDGMENT WHEN GARNISHEE IS INDEBTEDRULE 669.JUDGMENT FOR EFFECTSRULE 670.REFUSAL TO DELIVER EFFECTSRULE 672.SALE OF EFFECTSRULE 673.MAY TRAVERSE ANSWERRULE 674.TRIAL OF ISSUESRULE 675.DOCKET AND NOTICERULE 676.ISSUE TRIED IN OTHER CASESRULE 677.COSTS

RULE 678.GARNISHEE DISCHARGED ON PROOFRULE 679.AMENDMENTSection 5 - InjunctionRULE 680.TEMPORARY RESTRAINING ORDERRULE 681.TEMPORARY INJUNCTIONS: NOTICERULE 682.SWORN PETITIONRULE 683.FORM AND SCOPE OF INJUNCTION OR RESTRAINING ORDERRULE 684.APPLICANT'S BONDRULE 685.FILING AND DOCKETINGRULE 686.CITATIONRULE 687.REQUISITES OF WRITRULE 688.CLERK TO ISSUE WRITRULE 689.SERVICE AND RETURNRULE 690.THE ANSWERRULE 691.BOND ON DISSOLUTIONRULE 692.DISOBEDIENCERULE 693.PRINCIPLES OF EQUITY APPLICABLERULE 693a. BOND IN DIVORCE CASESection 6 - MandamusRULE 694.NO MANDAMUS WITHOUT NOTICESection 7 - ReceiversRULE 695.NO RECEIVER OF IMMOVABLE PROPERTY APPOINTED WITHOUTNOTICERULE 695a. BOND, AND BOND IN DIVORCE CASES

Section 8 - SequestrationRULE 696.APPLICATION FOR WRIT OF SEQUESTRATION AND ORDERRULE 697.PETITIONRULE 698.BOND FOR SEQUESTRATIONRULE 699.REQUISITES OF WRITRULE 700.AMENDMENTRULE 700a. SERVICE OF WRIT ON DEFENDANTRULE 701.DEFENDANT MAY REPLEVYRULE 702.BOND FOR PERSONAL PROPERTYRULE 703.BOND FOR REAL ESTATERULE 704.RETURN OF BOND AND ENTRY OF JUDGMENTRULE 705.DEFENDANT MAY RETURN SEQUESTERED PROPERTYRULE 706.DISPOSITION OF THE PROPERTY BY OFFICERRULE 707.EXECUTIONRULE 708.PLAINTIFF MAY REPLEVYRULE 709.WHEN BOND FORFEITEDRULE 710.SALE OF PERISHABLE GOODSRULE 711.ORDER OF SALE FORRULE 712.RETURN OF ORDERRULE 712a. DISSOLUTION OR MODIFICATION OF WRIT OF SEQUESTRATIONRULE 713.SALE ON DEBT NOT DUERULE 714.PURCHASER'S BONDRULE 715.RETURN OF BOND

RULE 716.RECOVERY ON BONDSection 9 - Trial of Right of PropertyRULE 717.CLAIMANT MUST MAKE AFFIDAVITRULE 718.PROPERTY DELIVERED TO CLAIMANTRULE 719.BONDRULE 720.RETURN OF BONDRULE 721.OUT-COUNTY LEVYRULE 722.RETURN OF ORIGINAL WRITRULE 723.DOCKETING CAUSERULE 724.ISSUES MADE UPRULE 725.JUDGMENT BY DEFAULTRULE 726.JUDGMENT OF NON-SUITRULE 727.PROCEEDINGSRULE 728.BURDEN OF PROOFRULE 729.COPY OF WRIT EVIDENCERULE 730.FAILURE TO ESTABLISH TITLERULE 731.EXECUTION SHALL ISSUERULE 732.RETURN OF PROPERTY BY CLAIMANTRULE 733.CLAIM IS A RELEASE OF DAMAGESRULE 734.LEVY ON OTHER PROPERTYPART VII - RULES RELATING TO SPECIAL PROCEEDINGSSection 1 - Procedures Related to Foreclosures of Certain Liens

RULE 735.FORECLOSURES REQUIRING A COURT ORDERRule 735.1.Liens AffectedRule 735.2.Other Statutory and Contractual Foreclosure Provisions UnalteredRule 735.3.Judicial Foreclosure UnaffectedRULE 736.EXPEDITED FORECLOSURE PROCEEDINGRule 736.1.ApplicationRule 736.2.CostsRule 736.3.CitationRule 736.4.DiscoveryRule 736.5.ResponseRule 736.6.Hearing Required When Response FiledRule 736.7.Default When No Response FiledRule 736.8.OrderRule 736.9.Effect of the OrderRule 736.10. BankruptcyRule 736.11. Automatic Stay and Dismissal if Independent Suit FiledRule 736.12. Attachment of Order to Trustee’s DeedRule 736.13. Promulgated FormsSection 4 - Partition of Real EstateRULE 756.PETITIONRULE 757.CITATION AND SERVICERULE 758.WHERE DEFENDANT IS UNKNOWN OR RESIDENCE IS UNKNOWNRULE 759.JUDGMENT WHERE DEFENDANT CITED BY PUBLICATIONRULE 760.COURT SHALL DETERMINE, WHAT

RULE 761.APPOINTMENT OF COMMISSIONERSRULE 762.WRIT OF PARTITIONRULE 763.SERVICE OF WRIT OF PARTITIONRULE 764.MAY APPOINT SURVEYORRULE 765.RETURN OF WRITRULE 766.SHALL PROCEED TO PARTITIONRULE 767.MAY CAUSE SURVEYRULE 768.SHALL DIVIDE REAL ESTATERULE 769.REPORT OF COMMISSIONERSRULE 770.PROPERTY INCAPABLE OF DIVISIONRULE 771.OBJECTIONS TO REPORTSection 5 - Partition of Personal PropertyRULE 772.PROCEDURERULE 773.VALUE ASCERTAINEDRULE 774.DECREE OF COURT EXECUTEDRULE 775.PROPERTY SOLDSection 6 - Partition: Miscellaneous ProvisionsRULE 776.CONSTRUCTIONRULE 777.PLEADING AND PRACTICERULE 778.COSTSSection 7 - Quo WarrantoRULE 779.JOINDER OF PARTIESRULE 780.CITATION TO ISSUERULE 781.PROCEEDINGS AS IN CIVIL CASES

RULE 782.REMEDY CUMULATIVESection 8 - Trespass to Try TitleRULE 783.REQUISITES OF PETITIONRULE 784.THE POSSESSOR SHALL BE DEFENDANTRULE 785.MAY JOIN AS DEFENDANTS WHENRULE 786.WARRANTOR, ETC., MAY BE MADE A PARTYRULE 787.LANDLORD MAY BECOME DEFENDANTRULE 788.MAY FILE PLEA OF “NOT GUILTY” ONLYRULE 789.PROOF UNDER SUCH PLEARULE 790.ANSWER TAKEN AS ADMITTING POSSESSIONRULE 791.MAY DEMAND ABSTRACT OF TITLERULE 792.TIME TO FILE ABSTRACTRULE 793.ABSTRACT SHALL STATE, WHATRULE 794.AMENDED ABSTRACTRULE 795.RULES IN OTHER CASES OBSERVEDRULE 796.SURVEYOR APPOINTED, ETC.RULE 797.SURVEY UNNECESSARY, WHENRULE 798.COMMON SOURCE OF TITLERULE 799.JUDGMENT BY DEFAULTRULE 800.PROOF EX PARTERULE 801.WHEN DEFENDANT CLAIMS PART ONLYRULE 802.WHEN PLAINTIFF PROVES PARTRULE 803.MAY RECOVER A PARTRULE 804.THE JUDGMENT

RULE 805.DAMAGESRULE 806.CLAIM FOR IMPROVEMENTSRULE 807.JUDGMENT WHEN CLAIM FOR IMPROVEMENTS IS MADERULE 808.THESE RULES SHALL NOT GOVERN, WHENRULE 809.THESE RULES SHALL NOT GOVERN, WHENSection 9 - Suits Against Non-ResidentsRULE 810.REQUISITES OF PLEADINGSRULE 811.SERVICE BY PUBLICATION IN ACTIONS UNDER SECTION 17.003, CIVILPRACTICE AND REMEDIES CODERULE 812.NO JUDGMENT BY DEFAULTRULE 813.SUIT TO EXTINGUISH LIENPART VII - CLOSING RULESRULE 814.EFFECTIVE DATERULE 815.SUBSTANTIVE RIGHTS UNAFFECTEDRULE 816.JURISDICTION AND VENUE UNAFFECTEDRULE 818.REFERENCE TO FORMER STATUTESRULE 819.PROCEDURE CONTINUEDRULE 820.WORKERS’ COMPENSATION LAWRULE 821.PRIOR COURT RULES REPEALEDRULE 822.TITLE

TEXAS RULES OF CIVIL PROCEDUREPART I - GENERAL RULESRULE 1. OBJECTIVE OF RULESThe proper objective of rules of civil procedure is to obtain a just, fair, equitable and impartialadjudication of the rights of litigants under established principles of substantive law. To the end thatthis objective may be attained with as great expedition and dispatch and at the least expense bothto the litigants and to the state as may be practicable, these rules shall be given a liberal construction.RULE 2. SCOPE OF RULESThese rules shall govern the procedure in the justice, county, and district courts of the State of Texasin all actions of a civil nature, with such exceptions as may be hereinafter stated. Where any statutein effect immediately prior to September 1, 1941, prescribed a rule of procedure in lunacy,guardianship, or estates of decedents, or any other probate proceedings in the county court differingfrom these Rules, and not included in the "List of Repealed Statutes," such statute shall apply; andwhere any statute in effect immediately prior to September 1, 1941, and not included in the "List ofRepealed Statutes," prescribed a rule of procedure in any special statutory proceeding differing fromthese rules, such statute shall apply. All statutes in effect immediately prior to September 1, 1941,prescribing rules of procedure in bond or recognizance forfeitures in criminal cases are herebycontinued in effect as rules of procedure governing such cases, but where such statutes prescribedno rules of procedure in such cases, these rules shall apply. All statutes in effect immediately priorto September 1, 1941, prescribing rules of procedure in tax suits are hereby continued in effect asrules of procedure governing such cases, but where such statutes prescribed no rules of procedurein such cases, these rules shall apply; provided, however, that Rule 117a shall control with respectto citation in tax suits.RULE 3. CONSTRUCTION OF RULESUnless otherwise expressly provided, the past, present or future tense shall each include the other;the masculine, feminine, or neuter gender shall each include the other; and the singular and pluralnumber shall each include the other.RULE 3a. LOCAL RULESEach administrative judicial region, district court, county court, county court at law, and probatecourt, may make and amend local rules governing practice before such courts, provided:(1)that any proposed rule or amendment shall not be inconsistent with these rules orwith any rule of the administrative judicial region in which the court is located;

(2)no time period provided by these rules may be altered by local rules;(3)any proposed local rule or amendment shall not become effective until it is submittedand approved by the Supreme Court of Texas;(4)any proposed local rule or amendment shall not become effective until at least thirtydays after its publication in a manner reasonably calculated to bring it to the attentionof attorneys practicing before the court or courts for which it is made;(5)all local rules or amendments adopted and approved in accordance herewith aremade available upon request to members of the bar;(6)no local rule, order, or practice of any court, other than local rules and amendmentswhich fully comply with all requirements of this Rule 3a, shall ever be applied todetermine the merits of any matter.Notes and CommentsComment to 1990 change: To make Texas Rules of Civil Procedure timetables mandatory and topreclude use of unpublished local rules or other "standing" orders to local practices to determineissues of substantive merit.RULE 4. COMPUTATION OF TIMEIn computing any period of time prescribed or allowed by these rules, by order of court, or by anyapplicable statute, the day of the act, event, or default after which the designated period of timebegins to run is not to be included. The last day of the period so computed is to be included, unlessit is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next daywhich is not a Saturday, Sunday, or legal holiday. Saturdays, Sundays, and legal holidays shall notbe counted for any purpose in any time period of five days or less in these rules, except thatSaturdays, Sundays, and legal holidays shall be counted for purpose of the three-day periods inRules 21 and 21a, extending other periods by three days when service is made by mail.Notes and CommentsComment to 1990 change: Amended to omit counting Saturdays, Sundays and legal holidays in allperiods of less than five days with certain exceptions.RULE 5. ENLARGEMENT OF TIMEWhen by these rules or by a notice given thereunder or by order of court an act is required orallowed to be done at or within a specified time, the court for cause shown may, at any time in itsdiscretion (a) with or without motion or notice, order the period enlarged if application therefor is

made before the expiration of the period originally prescribed or as extended by a previous order;or (b) upon motion permit the act to be done after the expiration of the specified period where goodcause is shown for the failure to act. The court may not enlarge the period for taking any actionunder the rules relating to new trials except as stated in these rules.If any document is sent to the proper clerk by first-class United States mail in an envelope orwrapper properly addressed and stamped and is deposited in the mail on or before the last day forfiling same, the same, if received by the clerk not more than ten days tardily, shall be filed by theclerk and be deemed filed in time. A legible postmark affixed by the United States Postal Serviceshall be prima facie evidence of the date of mailing.Notes and CommentsComment to 1990 change: To make the last date for mailing under Rule 5 coincide with the last datefor filing.RULE 6. SUITS COMMENCED ON SUNDAYNo civil suit shall be commenced nor process issued or served on Sunday, except in cases ofinjunction, attachment, garnishment, sequestration, or distress proceedings; provided that citationby publication published on Sunday shall be valid.RULE 7. MAY APPEAR BY ATTORNEYAny party to a suit may appear and prosecute or defend his rights therein, either in person or by anattorney of the court.RULE 8. ATTORNEY IN CHARGEOn the occasion of a party's first appearance through counsel, the attorney whose signature firstappears on the initial pleadings for any party shall be the attorney in charge, unless another attorneyis specifically designated therein. Thereafter, until such designation is changed by written notice tothe court and all other parties in accordance with Rule 21a, said attorney in charge shall beresponsible for the suit as to such party.All communications from the court or other counsel with respect to a suit shall be sent to theattorney in charge.[RULE 8a. Suspended effective December 30, 2003]RULE 9. NUMBER OF COUNSEL HEARD

Not more than two counsel on each side shall be heard on any question or on the trial, except inimportant cases, and upon special leave of the court.RULE 10. WITHDRAWAL OF ATTORNEYAn attorney may withdraw from representing a party only upon written motion for good causeshown. If another attorney is to be substituted as attorney for the party, the motion shall state: thename, address, telephone number, telecopier number, if any, and State Bar of Texas identificationnumber of the substitute attorney; that the party approves the substitution; and that the withdrawalis not sought for delay only. If another attorney is not to be substituted as attorney for the party, themotion shall state: that a copy of the motion has been delivered to the party; that the party has beennotified in writing of his right to object to the motion; whether the party consents to the motion; theparty's last known address and all pending settings and deadlines. If the motion is granted, thewithdrawing attorney shall immediately notify the party in writing of any additional settings ordeadlines of which the attorney has knowledge at the time of the withdrawal and has not alreadynotified the party. The Court may impose further conditions upon granting leave to withdraw. Noticeor delivery to a party shall be either made to the party in person

section 1 - general rules rule 15. writs and processes rule 16. shall endorse all process rule 17. officer to execute process rule