PART I. GENERAL RULES
3a. Local Rules, Forms, and Standing Orders (former Rule 817 Rules by Other Courts)
11. Agreements to be in Writing
12. Attorney to Show Authority
13. Effect of Signing of Pleadings, Motions and Other Papers; Sanctions
14a. Amendment and Correction Practice in All Courts -- Repealed by Order of April 10, 1986, eff. Sept. 1, 1986.
PART II. RULES OF PRACTICE IN DISTRICT AND COUNTY COURTS
SECTION 1. GENERAL RULES
17. Officer to Execute Process
18. When Judge Dies During Term, Resigns or is Disabled
18a. Recusal and Disqualification of Judges
18b. Grounds for Recusal and Disqualification of Judges
18c. Recording and Broadcasting of Court Proceedings
21. Filing and Serving Pleadings and Motions Misc Docket No 19-9018 - Technology Standards 6.0.pdf
21b. Notice by Certified Mail -- Repealed by order of December 5, 1983, eff. April 1, 1984. Incorporated into Rule 21a.
21b. Sanctions for Failure to Serve or Deliver Copy of Pleadings and Motion
21c. Extensions of Time on Appeal -- Repealed by Order of April 10, 1986, eff. Sept. 1, 1986.
21c. Privacy Protection for Filed Documents -- New Rule by Order of December 13, 2013, eff. Jan. 1, 2014.
21d. Appearances at Court Proceedings -- New Rule by Order of January 27, 2023, eff. Feb. 1, 2023.
SECTION 2. INSTITUTION OF SUIT
23. Suits to be Numbered Consecutively
SECTION 3. PARTIES TO SUIT
29. Suit on Claim Against Dissolved Corporation
31. Surety Not to be Sued Alone
32. May Have Question of Suretyship Tried
33. Suits by or Against Counties
36. Different Officials and Bondsmen
39. Joinder of Persons Needed for Just Adjudication
40. Permissive Joinder of Parties
41. Misjoinder and Non-joinder of Parties
A. GENERAL
46. Petition and Answer; Each One Instrument of Writing
51. Joinder of Claims and Remedies
61. Trial: Intervenors: Rules Apply to All Parties
63. Amendments and Responsive Pleadings
65. Substituted Instrument Takes Place of Original
67. Amendments to Conform to Issues Tried Without Objection
69. Supplemental Petition or Answer
72. Filing Pleadings: Copy Delivered to All Parties or Attorneys -- Repealed by Order of April 24, 1990, eff. Sept. 1, 1990 (See now Rule 21).
73. Failure to Furnish Copy of Pleadings to Adverse Party -- Repealed by Order of April 24, 1990, eff. Sept. 1, 1990 (See now Rule 21b).
74. Filing With the Court Defined
75. Filed Pleadings; Withdrawal
75a. Filing Exhibits: Court Reporter to File With Clerk
B. PLEADINGS OF PLAINTIFF
78. Petition; Original and Supplemental: Indorsement
78a. Case Information Sheet - Repealed by Misc. Docket No. 18-9163
C. PLEADINGS OF DEFENDANT
83. Answer; Original and Supplemental; Indorsement
84. Answer May include Several Matters
87. Determination of Motion to transfer
89. Transferred if Motion is Sustained
90. Waiver of Defects in Pleading
91a. Dismissal of Baseless Causes of Action
91a.3 Time for Motion and Ruling
91a.5 Effect of Nonsuit or Amendment; Withdrawal of Motion
91a.6 Hearing; No Evidence Considered
91a.7 Award of Costs and Attorney Fees
93. Certain Pleas to be Verified
SECTION 5. CITATION
99. Issuance and Form of Citation
100. Other Process -- Repealed by order of July 15, 1987, eff. Jan. 1, 1988.
101. Requisites -- Repealed by order of July 15, 1987, eff. Jan. 1, 1988.
102. Territorial Limits of Effective Service -- Repealed by order of July 15, 1987, eff. Jan. 1, 1988.
104. If Officer Disqualified -- Repealed by order of July 15, 1987, eff. Jan. 1, 1988: Rule is rendered unnecessary, see Rule 103.
105. Duty of Officer or Person Receiving
108a. Service of Process in Foreign Countries
109a. Other Substituted Service
110. Effect of Rules on Other Statutes
111. Citation by Publication in Action Against Unknown Heirs or Stockholders of Defunct Corporations
112. Parties to Actions Against Unknown Owners or Claimants of Interest in Land
113. Citation by Publication in Actions Against Unknown Owners or Claimants of Interest in Land
114. Citation by Publication; Requisites
115. Form of Published Citation in Actions Involving Land
116. Service of Citation by Publication
117. Return of Citation by Publication
SECTION 6. COSTS AND SECURITY THEREFOR
126. Fee for Service of Process in a County Other Than in the County of Suit
127. Parties Liable for Other Costs
128. Officers May Demand Payment -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984. The rule is obsolete.
131. Successful Party to Recover
132. Fees of Only Two Witnesses -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984. The rule is obsolete.
134. On Exception to Pleading -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984. The rule is obsolete.
135. Of Several Suits -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984. The rule is obsolete.
136. Demand Reduced by Payments
137. In Assault and Battery, Etc.
141. Court May Otherwise Adjudge Costs
143a. Costs on Appeal to County Court
145. Payment of Costs Not Required --- Statement of Inability to Afford Court Costs or an Appeal Bond, Form approved by the Supreme Court of Texas by order in Misc. Docket No.16-9122 (2016).
SECTION 7. ABATEMENT AND DISCONTINUANCE OF SUIT
150. Death of Party
153. When Executor, etc., Dies
154. Requisites of Scire Facias
156. Death After Verdict or Close of Evidence
157. Marriage Not to Abate Suit -- Repealed by order of July 15, 1987, eff. Jan. 1, 1988.
158. Suit for the Use of Another
159. Suit for Injuries Resulting in Death
160. Dissolution of Corporation
161. Where Some Defendants Not Served
163. Dismissal As To Parties Served, Etc.
164. Non-Suit -- Repealed by order of July 15, 1987, eff. Jan. 1, 1988.
165a. Dismissal for Want of Prosecution
SECTION 8. PRE-TRIAL PROCEDURE
166b. Forms and Scope of Discovery; Protective Orders; Supplementation of Responses -- Repealed by order of Aug. 4, 1998, and Nov. 9, 1998, eff. Jan. 1, 1999. See Rules 192.1 et seq, 193.5, 195.1 et seq.
166c. Stipulations Regarding Discovery Procedure -- Repealed by order of Aug. 4, 1998, and Nov. 9, 1998, eff. Jan. 1, 1999. SeeRule 191.1.
167. Discovery and Production of Documents and Things for Inspection, Copying, or Photographing -- Repealed by order of Aug. 5, 1998, and Nov. 9, 1998, eff. Jan. 1, 1999. See Rule 196.1 et seq.
167. Offer Of Settlement; Award Of Litigation Costs
167.3 Withdrawal, Acceptance, and Rejection of Offer
167a. Physical and Mental Examination of Persons -- Repealed by order of Aug. 4, 1998, and Nov. 9, 1998, eff. Jan. 1, 1999. See Rule 204.
168. Physical and Mental Examination of Persons -- Repealed by order of March 31, 1941, eff. Sept. 20, 1941.
168. Interrogatories to Parties -- Repealed by order of Aug. 4, 1998, and Nov. 9, 1998, eff. Jan. 1, 1999. See Rule 197.1 et seq.
169. Requests for Admission -- Repealed by order of Aug. 4, 1998, and Nov. 9, 1998, eff. Jan. 1, 1999. See Rule 198.1 et seq.
170. Refusal to Make Discovery; Consequences -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984. See Rule 215 for all sanction information.
173.1 Appointment Governed by Statute or Other Rules
173.2 Appointment of Guardian ad Litem
173.4 Role of Guardian ad Litem
174. Consolidation; Separate Trials
175. Issue of Law and Dilatory Pleas
SECTION 9. EVIDENCE AND DISCOVERY
A. EVIDENCE
176. Witnesses Subpoenaed -- Repealed by order of Aug. 4, 1998, and Nov. 9, 1998, eff. Jan. 1, 1999. See Rule 176.3.
176. Subpoenas
177. Form of Subpoena -- Repealed by order of Aug. 4, 1998, and Nov. 9, 1998, eff. Jan. 1, 1999. See Rule 176.1.
177a. Subpoena for Production of Documentary Evidence -- Repealed by order of Aug. 4, 1998, and Nov. 9, 1998, eff. Jan. 1, 1999. See Rule 176.2 (b).
178. Service Of Subpoenas -- Repealed by order of Aug. 4, 1998, and Nov. 9, 1998, eff. Jan. 1, 1999. See Rule 176.5.
179. Witness Shall Attend -- Repealed by order of Aug. 4, 1998, and Nov. 9, 1998, eff. Jan. 1, 1999. See Rule 176.6(a).
182. Testimony of Adverse Parties in Civil Suits -- Repealed by order of July 15, 1987, eff. Jan. 1, 1988. The promulgation of Texas Rules of Civil Evidence 607 and 610(c) fully satisfies all needs served by Rule182.
182a. Court Shall Instruct Jury on Effect of Article 3716 -- Repealed by order of July 15, 1987, eff. Jan. 1, 1988. Comment. Rule 182a has been added to Texas Rules of Civil Evidence 601(b). Therefore, Rule 182a is no longer necessary.
184. Determination of Law of Other States -- Repealed by order of April 24, 1990, eff. Sept. 1, 1990: It is covered by Rule 202, Texas Rules of Civil Evidence.
184a. Determination of the Laws of Foreign Countries -- Repealed by order of April 24, 1990, eff. Sept. 1, 1990: It is covered by Rule 203, Texas Rules of Civil Evidence.
B. DISCOVERY
186. Depositions of Witnesses -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984. The substance of the rule is incorporated into Rule 187, 200 and 208, and 252.
186a. Scope of Examination -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984. Incorporated into new Rule 166b.
186b. Orders for Protection of Parties and Deponents -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984. Incorporated into new Rule 166b.
187. Deposition to Perpetuate Testimony -- Repealed by order of Aug. 4, 1998, and Nov. 9, 1998, eff. Jan. 1, 1999. See Rule 202.1.
188. Of Adverse Party -- Repealed by order of July 20, 1966, eff. Jan. 1, 1967.
188. Depositions in Foreign Jurisdictions -- Repealed by order of Aug. 4, 1998, and Nov. 9, 1998, eff. Jan. 1, 1999. See Rule 201.1.
189. Notice and Service on Written Questions -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984. See Rule 208.
190. Notice by Publication -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984. See Rule 208.
190. Discovery Limitations
190.1 Discovery Control Plan Required
190.2. Discovery Control Plan-Expedited Actions and Divorces Involving $250,000 or Less (Level 1)
190.3. Discovery Control Plan - By Rule (Level 2)
190.4 Discovery Control Plan – By Order (Level 3)
191. When Citation Served by Publication -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984. See Rule 208.
191. Modifying Discovery Procedures and Limitations; Conference Requirement; Signing Disclosures, Discovery Requests, Responses, and Objections; Filing Requirements
191.1. Modification of Procedures
191.3. Signing of Disclosures, Discovery Requests, Notices, Responses, and Objections
192. Cross-Questions -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984. See Rule 208.
192. Permissible Discovery: Forms And Scope; Work Product; Protective Orders; Definitions
192.2. Timing and Sequence of Discovery
193. Commission -- Repealed by order of July 21,1970, eff. Jan. 1, 1971.
193. Written Discovery: Response; Objection; Assertion Of Privilege; Supplementation And Amendment; Failure To Timely Respond; Presumption Of Authenticity
193.1. Responding to Written Discovery; Duty to Make Complete Response
193.2. Objecting to Written Discovery
193.4. Hearing and Ruling on Objections and Assertions of Privilege
193.5. Amending or Supplementing Responses to Written Discovery
194. Requisites of Commissions -- Repealed by order of July 21,1970, eff. Jan. 1, 1971.
194. Required Disclosures in Suits Not Governed by the Family Code.
194.1. Duty to Disclose; Production
194.3. Testifying Expert Disclosures
194a. Requests for Disclosures in Suits Governed by the Family Code.
194a.4. Production of Documents and Tangible Items
195. Subpoena for Witness -- Repealed by order of March 19, 1957, eff. Sept. 1, 1957.
195. Discovery Regarding Testifying Expert Witnesses In Suits Not Governed by the Family Code
195.1. Permissible Discovery Tools
195.2. Schedule for Designating Experts
195.5. Expert Disclosures and Reports
195a. Discovery Regarding Testifying Experts in Suits Governed by the Family Code
195a.1 Permissible Discovery Methods
195a.3. Deposition Availability
195a.4. Content of Oral Depositions and Court-Ordered Reports
195a.6. Amendment and Supplementation Discovery
195a.7. Cost of Expert Witnesses
196. Taking of Written Deposition -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984. Included in Rule 208.
196. Requests For Production And Inspection To Parties; Requests And Motions For Entry Upon Property
196.1. Request for Production and Inspection to Parties
196.2. Response to Request for Production and Inspection
196.4. Electronic or Magnetic Data
197. Interpreter -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984. Included in Rule 208.
197. Interrogatories to Parties
198. Return of Depositions -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984. Included in Rule 208.
199. Oral Deposition -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984. Included in Rule 200.
199. Depositions Upon Oral Examination
199.1. Oral Examination; Alternative Methods of Conducting or Recording
199.2. Procedure for Noticing Oral Deposition
199.3. Compelling Witness to Attend
199.4. Objections to Time and Place of Oral Deposition
199.5. Examination, Objection, and Conduct During Oral Depositions
200. Depositions Upon Oral Examination -- Repealed by order of Aug. 4, 1998, and Nov. 9, 1998, eff. Jan. 1, 1999. See Rule 199.1 et seq.
200. Depositions Upon Written Questions
200.1. Procedure or Noticing Deposition Upon Written Questions
200.2. Compelling Witness to Attend
201. Compelling Appearance; Production of Documents and Things; Deposition of Organization -- Repealed by order of Aug. 4, 1998, and Nov. 9, 1998, eff. Jan. 1, 1999. See Rules 176.6, 199.1 et seq.
201. Depositions In Foreign Jurisdictions For Use In Texas Proceedings; Depositions In Texas For Use In Foreign Proceedings
201.1. Depositions In Foreign Jurisdictions For Use In Texas Proceedings
201.2. Depositions in Texas for Use in Proceedings in Foreign Jurisdictions
202. Non-Stenographic Recording; Deposition by Telephone -- Repealed by order of Aug. 4, 1998, and Nov. 9, 1998, eff. Jan. 1, 1999. See Rules 199.1, 203.6.
202. Depositions Before Suit Or To Investigate Claims
203. Failure of Party or Witness to Attend or to Serve Subpoena; Expenses -- Repealed by order of Aug. 4, 1998, and Nov. 9, 1998, eff. Jan. 1, 1999. See Rules 176.8, 215.
203. Signing, Certification And Use Of Oral And Written Depositions
204. Examination, Cross-examination and Objections -- Repealed by order of Aug. 4, 1998, and Nov. 9, 1998, eff. Jan. 1, 1999. See Rule 199.5.
204. Physical And Mental Examinations
204.1. Motion and Order Required
204.2. Report of Examining Physician or Psychologist
204.3. Effect of No Examination
205. Witness Sworn -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984. See Rule 204.
205. Submission to Witness; Changes; Signing -- Repealed by order of Aug. 4, 1998, and Nov. 9, 1998, eff. Jan. 1, 1999. See Rule 203.1 et seq.
205. Discovery From Nonparties
205.1. Forms of Discovery; Subpoena Requirement
205.3. Production of Documents and Tangible Things Without Deposition
206. Examination -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984. See Rule 204.
206. Certification and Filing by Officer; Exhibits; Copies; Notice of Delivery -- Repealed by order of Aug. 4, 1998, and Nov. 9, 1998, eff. Jan. 1, 1999. See Rule 203.1 et seq.
207. Objections to Testimony -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984. See Rule 204.
207. Use of Depositions in Court Proceedings -- Repealed by order of Aug. 4, 1998, and Nov. 9, 1998, eff. Jan. 1, 1999. See Rule 203.1 et seq.
208. Depositions Certified and Returned -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984. See Rule 206.
208. Depositions Upon Written Questions -- Repealed by order of Aug. 4, 1998, and Nov. 9, 1998, eff. Jan. 1, 1999. See Rule 200. 1 et seq.
208a. Certification of Charges -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984. See Rule 206.
209. Submission to Witness; Changes; Signing -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984. See Rule 205.
209. Retention and Disposition of Deposition Transcripts and Depositions upon Written Questions -- Repealed by order of Aug. 4, 1998, and Nov. 9, 1998, eff. Jan. 1, 1999. See Rule 191.4(e).
210. Depositions Opened -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984. See Rule 206.
211. Either Party May Use Depositions-- Repealed by order of Dec. 5, 1983, eff. April 1, 1984. See Rule 207.
212. Objections to Deposition -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984. See Rule 207.
213. Depositions As Evidence -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984. See Rule 207.
214. Matter Not Responsive -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984.
215. Abuse of Discovery; Sanctions
215.1. Motion for Sanctions or Order Compelling Discovery
215.2. Failure to Comply with Order or with Discovery Request
215.3. Abuse of Discovery Process in Seeking, Making, or Resisting Discovery
215.4.Failure to Comply with Rule 198
215.5. Failure of Party or Witness to Attend or to Serve Subpoena; Expenses
215a. Refusal to Answer Questions or Interrogatories; Consequences -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984. See Rule 215.
215b. Failure to Attend or to Serve Subpoena; Expenses -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984. See Rule 203.1 et seq.
215c. Non-Stenographic Recording -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984. See Rule 202.1 et seq.
SECTION 10. THE JURY IN COURT
For context only: R. C. S. Art. 2123. Right To Jury. The right to trial by jury shall remain inviolate, subject to the following Rules and Regulations. Comments: See Const. Art. 1, Sec. 15.
220. Withdrawing Cause From Jury Docket
222. When Challenge Is Sustained
223. Jury List in Certain Counties
226a. Instructions to Jury Panel and Jury
226a. Jury Instructions Prescribed by Order Under 226a
228. "Challenge for Cause" Defined
230. Certain Questions Not To Be Asked
231. Number Reduced by Challenges
232. Making Peremptory Challenges
233. Number of Peremptory Challenges
234. Lists Returned to the Clerk
SECTION 11. TRIAL OF CAUSES
A. APPEARANCE AND PROCEDURE
237a. Cases Remanded from Federal Court
238. Call of Appearance Docket
239a. Notice of Default Judgment
241. Assessing Damages on Liquidated Demands
242. Duty of District Clerk -- Repealed by order of Sept. 20, 1941, eff. Dec. 31, 1941.
244. On Service by Publication
245. Assignment of Cases for Trial
246. Clerk to Give Notice of Settings
250. Trial Outside County -- Repealed by order of Sept. 20, 1941, eff. Dec. 31, 1941.
252. Application for Continuance
253. Absence of Counsel as Ground for Continuance
254. Attendance on Legislature
255. Change of Venue by Consent
256. Change of Venue on Court’s Own Motion -- Repealed by order of March 31, 1941, eff. Sept. 1, 1941.
260. In Case of New Counties -- Repealed by order of April 24, 1990, eff. Sept. 1, 1990: no longer needed.
C. THE TRIAL
264. Appeal Tried De Novo -- Repealed by order of July 15, 1987, eff. Jan. 1, 1988.
265. Order of Proceedings on Trial by Jury
266. Open and Close - Admission
267. Witnesses Placed Under Rule
268. Motion for Instructed Verdict
D. CHARGE TO THE JURY
Note: Rules 271-273, 275-277, and 279, following are based upon present statutes. After stating the rule as recommended, its source is stated and it is then carried in full with changes in the statutory language indicated for information. Wording of the present statute which is eliminated is enclosed within brackets. Wording which is added to the statutory language is indicated by italics.
275. Charge Read Before Argument
278. Failure to Submit Separately -- Repealed by order of March 31, 1941, eff. Sept. 1, 1941.
278. Submission of Questions, Definitions, and Instructions
279. Omissions From the Charge
E. CASE TO THE JURY
For context only: Art. 2191. Number of Jurors. The jury in the district courts shall be composed of twelve men; but the parties may by consent agree in a particular case, to try with a less number. In county courts the jury shall be composed of six men.
281. Papers Taken to Jury Room
283. Duty of Officer: Attending Jury
285. Jury May Communicate With Court
286. Jury May Receive Further Instructions
287. Disagreement As to Evidence
F. VERDICT
292. Verdict by Portion of Original Jury
G. FINDINGS BY COURT
296. Requests for Findings of Facts and Conclusions of Law
297. Time to File Findings of Fact and Conclusions of Law
298. Additional or Amended Findings of Fact and Conclusions of Law
299a. Findings of Fact To Be Separately Filed and Not Recited in a Judgment
H. JUDGMENTS
303. On Counterclaim For Costs
306a. Periods to Run From Signing of Judgment
306b. Time to Appeal From Nunc Pro Tunc Orders -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984. This rule is superseded by paragraph 6 of amended Rule 306a.
306b. Advice of Right to Appeal in Orders Certifying a Child to Stand Trial as an Adult
306c. Prematurely Filed Documents
306d. Notice of Final Judgment or Other Appealable Order -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984. This rule is superseded by paragraph 3 of amended Rule 306a
307. Exceptions, etc., Transcript
308. Court Shall Enforce Its Decrees
308a. Suits Affecting the Parent-Child Relationship
309. In Foreclosure Proceedings
311. On Appeal From Probate Court
312. On Appeal From Justice Court
I. REMITTITUR AND CORRECTION
316. Correction of Clerical Mistakes in Judgment Record
317. Misrecitals Corrected -- Repealed by order of July 15, 1987, eff. Jan. 1, 1988.
318. Correction in Vacation -- Repealed by order of July 15, 1987, eff. Jan. 1, 1988.
319. Defective Judgment Cured -- Repealed by order of July 15, 1987, eff. Jan. 1, 1988.
J. NEW TRIALS
320. Motion and Action of Court Thereon
323. Grounds of Motion in Causes Tried Without Jury -- Repealed by order of July 11, 1977, eff. Jan. 1, 1978.
325. Errors on Motions -- Repealed by order of July 11, 1977, eff. Jan. 1, 1978.
328. If Not Equitable -- Repealed by order of July 15, 1987, eff. Jan. 1, 1988.
329. Motion for New Trial on Judgment Following Citation by Publication
K. CERTAIN DISTRICT COURTS
330. Rules of Practice and Procedure in Certain District Courts
331. Rules in Other Courts Apply -- Repealed by order of July 15, 1987, eff. Jan. 1, 1988.
SECTION 12. REVIEW BY DISTRICT COURTS OF COUNTY COURT RULINGS
A. ESTATES OF DECEDENTS
For context only. In probate matters: Art. 3698. Right of Appeal. Any person who may consider himself aggrieved by any decision, order, decree or judgment of the county court, shall have the right to appeal therefrom to the district court of the county upon complying with the provisions of this chapter, provided that in appeals from orders or judgments appointing administrators or temporary administrators, the administrators shall continue the prosecution of suits then pending in favor of the estate, and if on appeal from probate court a different administrator shall be appointed, he shall be substituted in such case.
332. Notice -- Repealed by order of July 22, 1975, eff. Jan. 1, 1976.
333. Bond -- Repealed by order of July 22, 1975, eff. Jan. 1, 1976.
334. Appeal on Affidavit -- Repealed by order of July 22, 1975, eff. Jan. 1, 1976.
335. Judgment Suspended -- Repealed by order of July 22, 1975, eff. Jan. 1, 1976.
B. GUARDIAN AND WARD
For context only: Art. 4318. Right to Appeal. Any person who may consider himself aggrieved by any decision, order or judgment of the court, or by any order of the judge thereof, in relation to guardianships, may appeal to the district court, as a matter of right, without bond.
336. Transcript on Appeal -- Repealed by order of July 22, 1975, eff. Jan. 1, 1976.
337. Docketing of Cause -- Repealed by order of July 22, 1975, eff. Jan. 1, 1976.
338. Certified Copy of Judgment -- Repealed by order of July 22, 1975, eff. Jan. 1, 1976.
339. Order of Dismissal -- Repealed by order of July 22, 1975, eff. Jan. 1, 1976.
340. Judgment Suspended -- Repealed by order of July 22, 1975, eff. Jan. 1, 1976.
341. Judgment of District Court -- Repealed by order of July 22, 1975, eff. Jan. 1, 1976.
342. Trial of Appeals -- Repealed by order of July 22, 1975, eff. Jan. 1, 1976.
343. Judgment Dismissing Appeal -- Repealed by order of July 22, 1975, eff. Jan. 1, 1976.
C. Certiorari to County Court
For context only. Art. 932. Certiorari to County Court. Any person interested in the estate of a decedent or ward may have the proceedings of the county court therein revised and corrected at any time within two years after such proceedings were had, and not afterward. Persons non compos mentis, infants and femes covert shall have two years after the removal of their respective disabilities within which to apply for such revision and correction.
344. Application For -- Repealed by order of July 22, 1975, eff. Jan. 1, 1976.
345. Granted on Execution of Bond -- Repealed by order of July 22, 1975, eff. Jan. 1, 1976.
346. Not to Operate As Supersedeas -- Repealed by order of July 22, 1975, eff. Jan. 1, 1976.
347. The Writ -- Repealed by order of July 22, 1975, eff. Jan. 1, 1976.
348. When Supersedeas Granted -- Repealed by order of July 22, 1975, eff. Jan. 1, 1976.
349. Citation As in Ordinary Cases -- Repealed by order of July 22, 1975, eff. Jan. 1, 1976.
350. Trial De Novo -- Repealed by order of July 22, 1975, eff. Jan. 1, 1976.
351. Appeals and Writs of Error -- Repealed by order of July 22, 1975, eff. Jan. 1, 1976.
PART III. RULES OF PROCEDURE FOR THE COURTS OF APPEALS
SECTION 1. PERFECTING APPEAL
For context only: Art. 2249. To Court of Civil Appeals. An appeal or writ of error may be taken to the Court of Civil Appeals from every final judgment of the district court in civil cases, and from every final judgment in the county court in civil cases of which the county court has original jurisdiction, and from every final judgment of the county court in civil cases in which the court has appellate jurisdiction, where the judgment or amount in controversy exceeds one hundred dollars exclusive of interest and costs.
352. Definitions -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 3.1, 3.2.
353. Notice of Limitation of Appeal -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 20.1, 25.1, 25.2.
354. Cost Bond or Deposit -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986.
355. Party Unable toGive Cost Bond -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 20.1, 25.1, 25.2.
356. Time for Perfecting Appeal -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 20.1, 25.1, 25.2, 26.1 et seq, 27.1.
357. Judgment Not Suspended -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 20.1, 25.1, 25.2.
358. Revival Against Successor in Office -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 7.1, 7.2.
359. Petition for Writ of Error -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984.See Rule 360.
360. Appeal by Writ of Error to Court of Appeals -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986.
361. Cost Bond on Writ of Error -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984. See Rule 360.
362. Notice of Petition for Writ of Error -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984. See Rule 360.
363. Appeal or Writ of Error Perfected -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 20.1, 25.1, 25.2.
363a. Amendment: New Appeal Bond or Deposit -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986.
364. Supersedeas Bond or Deposit -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 24.1 et seq.
365. Review of Bond or Deposit -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 24.4.
366. When Party Fails to Comply -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 24.4.
367. Insufficiency of Bond to Secure Costs -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 24.4.
368. Judgment Stayed -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 24.1 et seq.
369. Trial Court Docket of Appealed Cases -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986.
369a. No Abatement for Death -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 7.1, 7.2.
SECTION 2. RECORD ON APPEAL
370. Record on Appeal To Be Shortened -- Repealed by order of June 10, 1980, eff. Jan. 1, 1981.This is not a rule; it is a preachment.
371. Record on Appeal Defined -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 34.1 et seq.
372. Bills of Exception -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 33.1, 33.2.
373. Exceptions Unnecessary -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 33.1, 33.2.
374. Assignments of Error -- Repealed by order of July 11, 1977, eff. Jan. 1, 1978.
375. Stipulation As to Record -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 34.1 et seq.
376. Transcript -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 33.1, 33.2, 34.5, 34.6.
376a. Form of Transcript -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986.
SUPREME COURT ORDER RELATING TO PREPARATION OF TRANSCRIPTS
376b. Duties of Reporters -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 13.1, 13.5, 13.6.
376c. Work of Reporters -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 13.3, 13.4, 35.3.
377. Statement of Facts -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 20.1, 20.2, 34.5, 34.6.
377a. Statement of the Points to be Relied On -- Repealed by order of June 10, 1980, eff. Jan. 1, 1981. This rule is incorporated into Rule 377(d) and is, therefore, repealed.
377a. Premature Appeal -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 27.2, 27.3.
378. Agreed Statement -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 34.1 et seq.
379. Order As to Original Papers or Exhibits -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 34.5, 34.6.
380. Free statement of Facts on Appeal for Paupers -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 20.1, 20.2, 34.6.
381. Time for Filing Bills of Exception -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 33.1, 33.2, 34.1 et seq.
382. Violations of Rules: Costs -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986.
SECTION 3. PROCEEDINGS IN THE COURTS OF APPEALS
383. Original Proceedings Other Than Habeas Corpus -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 5, 9.3, 9.5, 12.6, 52.1 et seq.
383a. Writ of Habeas Corpus -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 9.5, 12.6, 52.1 et seq.
384. Appeal in Quo Warranto Proceedings -- Repealed by order of June 10, 1980, eff. Jan. 1, 1981: by reason of the amendments to Rule 385.
384. Filing -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986.
385. Accelerated Appeals -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 26.1, 28.1 et seq., 35.1, 38.6.
385 (misnumbered 1984). Orders Pending Interlocutory Appeal -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986.
385a. Court Unable to Take Immediate Action -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 17.1 et seq.
386. Time to File Transcript and Statement of Fact -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 35.1, 35.2.
387. Dismissal or Affirmance on Notice -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 42.3, 42.4.
387a. Disposition on Motion or by Agreement -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 42.1, 42.2..
388. Transcript Filed with Court of Civil Appeals -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 37.2.
388a. Deposit for Costs in Court of Appeals -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 5, 20.1.
389. Transcript: Duty of Clerk on Receiving -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 37.2.
389a. Statement of Facts: Duty of Clerk on Receiving -- Repeale by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 37.2.
390. Party to File Own Transcript -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984. The filing of transcripts by more than one party has been made obsolete by Rule 376, which requires the clerk, when the appeal is perfected, to prepare a transcript including "any filed paper either party may designate as material," and transmit the transcript to the appellate court rather than to the party applying for it.
391. Record Must Be Indexed - Repealed by order of Oct. 12, 1949, eff. March 1, 1950.
392. Filed Transcript a Court Record -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984. See note to Rule 390.
393. Clerk Responsible for Papers -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 12.1 et seq.
394. Issuance of Process -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 15.1 et seq.
395. Withdrawing Papers -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 12.1 et seq.
396. Same: Restrictions -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 12.1 et seq.
397. Same: Original Exhibits -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 12.1 et seq.
398. Papers Not To Be Removed -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 12.1 et seq.
399. Disposition of Papers When Appeal Dismissed -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986.
400. Inspection of Records -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986.
401. Communications With the Court -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 9.6.
402. Docketing Causes -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 6.2, 12.2.
402a. Withdrawal of Counsel -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 6.1(c), 6.5.
403. Agreements of Counsel -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 6.6.
404. Motions Relating to Informalities in Record -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 10.5(a).
405. Motions to Dismiss for Want of Jurisdiction -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986.
406. Evidence on Motions -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986.
407. Motion to Postpone -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 10.5(c).
408. Notations of Motions -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 6.2, 10.1 et seq.
409. Notice on Motion -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 6.2, 10.1 et seq.
410. Order of Deciding Cases -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 40.1.
411. Submission in Order of Filing: Service of Notice -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 40.1.
412. Order of Hearing -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986.
413. Burden on Appellant -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 34.1.
414. Briefs, Requisites of -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 9.1 et seq., 38.1 et seq.
415. Briefs: Dismissal for Failure to File -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984. Incorporated into Rule 414.
416. Brief: Appellee's Brief When Appellant Files No Brief -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984. Incorporated into Rule 414.
417. Briefs Written or Typewritten -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984. Incorporated into Rule 414.
418. Briefs, Contents -- Repealed by order of April 24, 1984, eff. Oct. 1, 1984. See Rule 414.
419. Briefs: Statements Not Challenged Accepted -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 74.1 - 74.10.
420. Brief: Appellees -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 74.1 - 74.10.
421. Briefs: Index -- Repealed by order of June 10, 1980, eff. Jan. 1, 1981. See Rule 414.
422. Briefing Rules To Be Liberally Construed -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 74.1 - 74.10.
423. Argument -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 75.1 - 75.3.
424. Same: Subject Matter -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984. See Rule 423.
425. Same: Counsel to Answer Questions -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984. See Rule 423.
426. Same: Time Allowed -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984. See Rule 423.
427. Same: Where But One Party Files Brief -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984. See Rule 423.
428. Amendment: Record -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 55.1 - 55.9.
429. Amendment: Defects Appearing At or After Submission -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 55.1 - 55.9.
430. Amendment: New Appeal Bond -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984. New Rule 363a includes these provisions.
431. Amendment: Briefs -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984. Incorporated into Rule 414.
432. Reporter to Have Access to Records -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984. Obsolete rule.
SECTION 4. JUDGMENT
433. Decision of Court -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 43.1.
434. If Judgment Reversed -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 44.1 et seq.
435. Judgment on Affirmance or Rendition -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 43.4, 43.5.
436. Judgment Enforced -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 51.1, 51.2.
437. No Affirmance, Reversal or Dismissal for Want of Form or Substance -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 44.3.
438. Affirmance With Damages for Delay -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 45.
439. Remittitur -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 46.1 et seq.
440. Suggestion of Remittitur -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 46.1 et seq.
441. Refusal to Remit Not To Be Alluded To -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 46.1 et seq.
442. Mandate -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 18.1 et seq.
443. Payment of Costs -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984. See Rule 442(a).
444. Affidavit of Inability -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984. See Rule 442.
445. Mandate to Issue in Twelve Months -- Repealed by order of July 11, 1977, eff. Jan. 1, 1978.
446. Recall of Mandate -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 18.1 et seq.
447. Execution On Failure To Pay Costs -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 51.1.
448. Appellant To Recover Costs -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 43.4.
449. Return of Execution -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984. Rule 447 provides for execution for appellate costs in the trial court.
450. Officer Failing to Make Return -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984. Rule 447 provides. for execution for appellate costs in the trial court.
451. Decision and Opinion -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 47.1 et seq.
452. Opinions, Publication and Citation -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 47.1 et seq.
453. Conclusions of Fact and Law -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984. Obsolete.
454. To State Reasons For Reversal -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984. The subject matter of this rule is covered by Rules 451 and 452.
455. Supplemental Findings -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984.
456. Copy of Opinions and Judgment to Attorneys, Etc.-- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 48.1 et seq.
457. Notice of Judgment, Etc.-- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 4.1 et seq, 12.6.
SECTION 6. REHEARING
458. Motion and Second Motion for Rehearing -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 49.1 et seq.
459. Contents -- Repealed by order of Sept. 20, 1941, eff. Dec. 31, 1941.
460. Notice of Motion -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986.
SECTION 7. CERTIFICATION OF QUESTIONS
461. Questions Of Law Certified -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986.
462. Motion To Certify -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986.
463. Certifying Dissent -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984. Obsolete.
464. Papers Sent to Supreme Court -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984. Obsolete.
465. Motion to Certify -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984. Rule was revised and renumbered as Rule 462.
466. Instruments to Accompany Certificate -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986.
SECTION 8. APPLICATION FOR WRIT OF ERROR
467. Good Cause To Be Shown -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984. See Rule 468.
468. Filing of Application for Writ of Error -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 9.3(b), 53.1, 53.7.
469. Requisites of Application -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 9.1 et seq., 53.2, 53.6, 53.8, 53.9.
470. Number of Copies, Etc.-- Repealed by order of April 10, 1986, eff. Sept. 1, 1986.
471. Service on Respondent -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984. See Rule 469(h).
472. Forwarded to Supreme Court -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 54.1 et seq.
473. Petition With Record -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984. See Rule 472.
PART IV. RULES FOR PRACTICE FOR THE SUPREME COURT
SECTION 1. PROCEEDINGS IN THE SUPREME COURT
474. Original Proceedings Other Than Habeas Corpus -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 5, 9.3, 9.5, 12.6, 52.1, 52.2, 52.3.
475. Original Proceedings: Petition for Mandamus to Compel Certification -- Repealed by order of July 20, 1954, eff. Jan. 1, 1955.
475. Writ of Habeas Corpus -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 9.5, 12.6, 52.1 et seq.
476. Consideration by Supreme Court -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986.
477. Proceedings on Certified Questions -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986.
478. Answer to Question -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986.
479. Decision of Supreme Court -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986.
480. Filing and Docketing Application: Answer -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 54.1 et seq.
480a. Number of Documents Delivered to the Clerk -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 9.1 et seq.
481. Amendment of Application and Briefs -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 9.5, 53.2 et seq.
482. May Refer Case Back -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984. Obsolete.
483. Orders on Application for Writ of Error, Petition for Mandamus and Prohibition -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 52.8, 54.1 et seq, 56.1, 56.2.
484. When Application Dismissed or Refused -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 56.5.
485. Deposit for Costs -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 5, 20.1.
486. Notice of Granting -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 5, 9.3, 9.5, 12.6, 52.1 et seq., 56.4.
487. Docket of Causes -- Repealed by order of Oct. 10, 1945,eff. Feb. 1, 1946.
488. Process -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 15.1 et seq.
489. Filed Papers to State Addresses -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986.
490. Withdrawal of Papers -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 12.1 et seq.
491. Rules of Court of Appeals Applicable -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986.
492. Printing, Typing, Number of Copies -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 9.1 et seq.
493. Submission Day -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 59.2.
494. Motion Docket -- Repealed by order of Oct. 10, 1945,eff. Feb. 1, 1946.
495. Submission of Motions -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986.
496. Briefs of Respondents and Others -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 9.5, 11, 53.3, 53.8.
497. Order Of Submission -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 59.1, 59.2.
498. Argument -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 59.4 - 59.6.
499. Communication With the Court -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 9.6.
499a. Direct Appeals -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 57.1 et seq.
PART V. RULES OF PRACTICE IN JUSTICE COURTS
RULE 500. GENERAL RULES
500. Judgments in Open Court -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 56.1(d), 60.1 et seq., 61.1 et seq., 62, 65.2.
500.3. Application of Rules in Justice Court Cases
500.4. Representation in Justice Court Cases
500.5. Computation of Time; Timely Filing
RULE 501. CITATION AND SERVICE
501. Judgment on Affirmance or Rendition -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 56.1(d), 60.1 et seq., 61.1 et seq., 62, 65.2.
501.3 Duties Of Officer Or Person Receiving Citation; Return Of Service
501.4. Service Of Papers Other Than Citation
RULE 502. INSTITUTION OF SUIT
502. Judgment Enforced -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 56.1(d), 60.1 et seq., 61.1 et seq., 62, 65.2.
502.1. Pleadings and Motions Must Be Written, Signed, and Filed
502.3. Fees; Inability to Afford Fees
502.4. Venue - Where A Lawsuit May Be Brought
502.6. Counterclaim; Cross-Claim; Third Party Claim
502.7. Amending And Clarifying Pleadings
RULE 503. DEFAULT JUDGMENT; PRE-TRIAL MATTERS; TRIAL
503. May Remand -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 56.1(d), 60.1 et seq., 61.1 et seq., 62, 65.2.
503.1 If Defendant Fails To Answer
503.3 Settings and Notice; Postponing Trial
503.5 Alternative Dispute Resolution
RULE 504. JURY
504. No Affirmance, Reversal or Dismissal for Want of Form or Substance -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 56.1(d), 60.1 et seq., 61.1 et seq., 62, 65.2.
504.4 Jury Verdict For Specific Articles
RULE 505. JUDGMENT; NEW TRIAL
505. Decision -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 60.2.
505.3 Motion To Set Aside; Motion To Reinstate; Motion For New Trial
RULE 506. APPEAL
506. Judgment Becomes Final -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984. See Rule 507.
RULE 507. ADMINISTRATIVE RULES FOR JUDGES AND COURT PERSONNEL
507. Mandate To Issue -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 18.1 et seq.
507.3 Docket and Other Records
RULE 508. DEBT CLAIM CASES
508. Affidavit of Inability to Pay -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984. The former rule has no effect in view of Rule 507 requiring the clerk to issue the mandate without payment of costs.
RULE 509. REPAIR AND REMEDY CASES
509. Mandate Barred -- Repealed by order of July 11, 1977, eff. Jan. 1, 1978.
509.2 Contents Of Petition; Copies; Forms And Amendments
509.3 Citation: Issuance; Appearance Date; Answer
509.4 Service and Return of Citation; Alternative Service of Citation
509.5 Docketing and Trial; Failure to Appear
509.6 Judgment: Amount; Form and Content; Issuance and Service; Failure to Comply
509.8 Appeal: Time and Manner; Perfection; Effect; Costs; Trial on Appeal
509.9 Effect of Writ of Possession
RULE 510. EVICTION CASES
510. Mandate Recalled -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 18.1 et seq.
510.2 Computation of Time For Eviction Cases
510.4 Issuance, Service, and Return Of Citation
510.5 Request for Immediate Possession
510.6 Trial Date; Answer; Default Judgment
510.8 Judgment; Writ; No New Trial
510.10 Record on Appeal; Docketing; Trial De Novo
510.12. Judgment By Default On Appeal
510.13 Writ of Possession on Appeal
511. Execution -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984. Rule 447 provides for execution for costs in both the Court of Appeals and the Supreme Court. See also Rule 491.
512. Execution Returnable -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984.
513. Officer Failing To Make Return -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984.
514. Money Due Other Clerk -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 12.5.
515. Motion for Rehearing -- Repealed by order of April 10, 1986, eff. Sept. 1, 1986. See Texas Rules of Appellate Procedure 12.5.
516. Notice on Motion -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984. See Rule 515.
517. Hearing on Motion -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984. See Rule 515.
518. Supreme Court Rules Govern -- Repealed by order of Oct. 10, 1945, eff. Feb. 1, 1946
519. Additional Costs -- Repealed by order of Oct. 10, 1945, eff. Feb. 1, 1946.
520. Submission of Cause -- Repealed by order of Oct. 10, 1945, eff. Feb. 1, 1946.
521. Report to Supreme Court -- Repealed by order of Oct. 10, 1945, eff. Feb. 1, 1946.
522. Opinions -- Repealed by order of Oct. 10, 1945, eff. Feb. 1, 1946.
523. District Court Rules Govern -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
524. Docket -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
525. Oral Pleadings -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
526. Sworn Pleadings -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
527. Motion to Transfer -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
528. Venue Changed on Affidavit -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
529. "Nearest Justice" Defined -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
530. By Consent -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
531. Order of Transfer -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
532. Transcript -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
533. Requisites of Process -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
534. Issuance and Form of Citation -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
535. Answer Filed -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
536.Who May Serve and Method of Service -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
536a. Duty of Officer or Person Receiving and Return of Citation -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
537. Appearance Day -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
538. If Defendant Fails to Appear -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
539. Appearance Noted -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
540. If No Demand for Jury -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
541. Continuance -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
542. Call of Non-Jury Docket -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
543. Dismissal -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
544. Jury Trial Demanded -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
545. Jury Trial Day -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
546. Call of Jury Docket -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
547. Challenge to the Array -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
548. Drawing Jury -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
549. Challenge for Cause -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
550. Peremptory Challenge -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
551. The Jury -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
552. If Jury Is Incomplete -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
553. Jury Sworn -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
554. Justice Shall Not Charge Jury -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
555. Verdict -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
556. Judgment Upon Verdict -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
557. Case Tried by Justice -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
558. Judgment -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
559. Costs -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
560. Judgment for Specific Articles -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
561. To Enforce Judgment -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
562. No Judgment Without Citation -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
563. Confession of Judgment -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
564. Warrant of Attorney-- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
565. Rules Governing -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
566. Judgments by Default -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
567. New Trials -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
568. Sworn Motion -- Repealed by order of July 15, 1987, eff. Jan. 1, 1988.
569. Notice -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
570. But One New Trial -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
SECTION 6. APPEAL
For context only: Art. 2454. Appeal. A party to a final judgment in any justice court may appeal therefrom to the county court where such judgment, or the amount in controversy, shall exceed twenty dollars exclusive of costs, and in such other cases as may be expressly provided by law.
For context only: Art. 2455. To District Court. In all counties in which the civil jurisdiction of the county courts has been transferred to the district courts, appeals and writs of certiorari may be prosecuted to remove a ease tried before a justice of the peace to the district court, in the same manner and under the same circumstances under which appeals and writs of certiorari are allowed by general law to remove causes to the county court.
571. Appeal Bond -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
572. Affidavit of Inability -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
573. Appeal Perfected -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
574. Transcript-- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
574a. New Matter May be Pleaded -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
574b. Trial de Novo -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
SECTION 7. CERTIORARI
For context only: Art. 941. Certiorari to Justices' Courts. After final judgment in a justice court in any cause except in cases of forcible entry and detainer, the cause may be removed to the county court by writ of certiorari (or if the civil jurisdiction has been transferred to the district court, then to the district court) in the manner hereinafter directed.
For context only: Art. 2460 (part). Certiorari. A cause tried before a justice, wherein the amount in controversy or the judgment exceeds twenty dollars, exclusive of costs, may be removed from such justice court to the county court by certiorari under the rules prescribed . . . . relating thereto.
575. Order for Writ -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
576. Requisites of Writ -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
577. Affidavit of Sufficient Cause -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
578. Application for Certiorari -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
579. Within What Time Granted -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
580. Bond With Sureties Required -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
581. Bond, Affidavit and Order -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
582. Writ to Issue Instanter -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
583. Justice Shall Stay Proceedings -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
584. Citation as in Other Cases -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
585. Cause Docketed -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
586. Motion to Dismiss -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
587. Amendment of Bond or Oath -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
588. Judgment of Dismissal -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
589. Pleading -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
590. New Matter May Be Pleaded -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
591. Trial De Novo -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
PART VI. RULES RELATING TO ANCILLARY PROCEEDINGS
SECTION 1. ATTACHMENT
For context only: Art. 275. Who May Issue. The judges and clerks of the district and county courts and justices of the peace may issue writs of original attachment, returnable to their respective courts, upon the plaintiff, his agent or attorney, making an affidavit stating:
(1) That the defendant is justly indebted to the plaintiff, and the amount of the demand; and
(2) That the defendant is not a resident of the State, or is a foreign corporation, or is acting as such; or
(3) That he is about to remove permanently out of the State, and has refused to pay or secure the debt due the plaintiff; or
(4) That he secretes himself so that the ordinary process of law can not be served an him; or
(5) That he has secreted his property for the purpose of defrauding his creditors; or
(6) That he is about to secrete his property for the purpose of defrauding his creditors; or
(7) That he is about to remove his property out of the State, with out leaving sufficient remaining for the payment of his debts; or
(8) That he is about to remove his property, or a part thereof, out of the county where the suit is brought, with intent to defraud his creditors; or
(9) That he has disposed of his property, in whole or in part, with intent to defraud his creditors; or
(10) That he is about to dispose of his property with intent to defraud his creditors; or
(11) That he is about to convert his property or a part thereof, into money, for the purpose of placing it beyond the reach of his creditors; or
(12) That the debt is due for property obtained under false pretenses.
For context only: Art. 276. What Facts Must Further Appear. The affidavit shall further state that the attachment is not sued out for the purpose of injuring or harassing the defendant; that the plaintiff will probably lose his debt unless such attachment is issued.
For context only: Art. 277. Not to Issue Until Suit Begun. No such attachment shall issue until the suit has been duly instituted; but it may be issued in a proper cause either at the commencement of the suit or at any time during its progress.
For context only: Art. 278. May Issue on Debt Not Yet Due. The writ of attachment above provided for may issue, although the plaintiff's debt or demand be not due, and the same proceedings shall be had there an as in other cases, except that no final judgment shall be rendered against the defendant until such debt or demand shall became due.
For context only: Art. 279. Plaintiff Must Give Bond. Before the issuance of any writ of attachment, the plaintiff must execute a bond with two or more good and sufficient sureties, payable to the defendant in a sum not less than double the debt sworn to be due, conditioned that the plaintiff will prosecute his suit to effect, and will pay all such damages and costs as shall be adjudged against him for wrongfully suing out such attachment. Such bond shall be delivered to and approved by the officer issuing the writ, and shall, together with the affidavit, be filed with the papers of the cause.
For context only: Note Art. 279a, which prvides for the exemption of numerous governmental agencies and officers from the giving of the bond mentioned in Art. 279.
592. Form of Attachment Bond -- Renumbered in 1978 to Rule 592b
592. Application for Writ of Attachment and Order
592b. Form of Attachment Bond -- Former Rule 592
602. Bond of Applicant for Sale
605. Judge May Make Necessary Orders
607. Report of Disposition of Property
608. Dissolution or Modification of Writ of Attachment
SECTION 2. DISTRESS WARRANT
For context only: Art. 5227. Distress Warrant. When any rent or advances shall become due, or the tenant shall be about to remove from such leased or rented premises, or to remove his property from such premises, the person to whom the rents or advances are payable, his agent, attorney, assigns, heirs or legal representatives may apply to a justice of the peace of the precinct where the premises are situated, or in which the property upon which a lien for rents or advances exists may be found, or to any justice having jurisdiction of the cause of action, for a warrant to seize the property of such tenant. If a distress warrant shall be issued by any justice, other than the justice of the peace of the precinct in which the rented pren1ises may be situated or in which the defendant may reside, such warrant shall be made returnable to, and the affidavit and bond upon which it is issued shall be transmitted by the justice issuing such distress warrant to some justice of the precinct in which the rented premises may be situated, or in which the defendant may reside.
For context only: Art. 5239. Distress Warrant. When any rent shall become due, or the tenant about to remove from such leased or rented buildings, or remove his property therefrom, it shall be lawful for the person to whom the rent is payable, his agent, attorney or assignee, to apply to a justice of the peace of the precinct where the building is situated for a distress warrant, which shall be issued on an affidavit and bond; and the same proceedings shall be had on the issuance, trial and return of such warrant and the same rights conferred on the owners of storehouses and residences as is provided in this title in cases of other landlords.
610. Oath -- Repealed by order of June 10, 1980, eff. Jan. 1, 1981.
610. Application for Distress Warrant and Order
611. Bond -- Repealed by order of June 10, 1980, eff. Jan. 1, 1981.
611. Bond for Distress Warrant
612. Issuance of Distress Warrant -- Repealed by order of June 10, 1980, eff. Jan. 1, 1981.
613. Duty of Officer -- Repealed by order of June 10, 1980, eff. Jan. 1, 1981.
613. Service of Warrant on Defendant
614. Defendant May Replevy -- Repealed by order of June 10, 1980, eff. Jan. 1, 1981.
614a. Dissolution or Modification of Distress Warrant
615. Sale of Perishable Property
SECTION 3. EXECUTIONS
621a. Discovery in Enforcement of Judgment
624. On Death of Nominal Plaintiff
628. Execution Within Thirty Days
630. Execution on Judgment for Money
631. Execution for Sale of Particular Property
632. Execution for Delivery of Certain Property
633. Execution for Possession or Value of Personal Property
635. Stay of Execution in Justice Court
638. Property Not To Be Designated
640. Levy on Stock Running at Large
642. Levy Upon Interest of Partner -- Repealed by order of July 22, 1975, eff. Jan. 1, 1976. Sections 25(2)(c) and 28, Article 6132b superseded the rule.
643. Levy on Goods Pledged or Mortgaged
645. Property May Be Sold by Defendant
647. Notice of Sale of Real Estate
648. "Courthouse Door" Defined
651. When Execution Not Satisfied
652. Purchaser Failing to Comply
655. Return of Execution by Mail
SECTION 4. GARNISHMENT
657. Judgment Final for Garnishment
658. Application for Writ of Garnishment and Order
660. When Writ Is to Subject Shares -- Repealed by order of Aug. 18, 1947, eff. Dec. 31, 1947.
663. Execution and Return of Writ
663a. Service of Writ and Other Documents on Defendant
664a. Dissolution or Modification of Writ of Garnishment
668. Judgment When Garnishee Is Indebted
670. Refusal to Deliver Effects
671. Judgment Against Company -- Repealed by order of Aug. 18, 1947, eff. Dec. 31, 1947.
676. Issue Tried as in Other Cases
678. Garnishee Discharged on Proof
SECTION 4a. ADDITIONAL POST-JUDGMENT COLLECTION RULES
679a. Turnover Under Civil Practice and Remedies Code section 31.002
679b. Personal Property Exemptions in Post-Judgment Proceedings
SECTION 5. INJUNCTIONS
For context only: Art. 4642. Grounds For. Judges of the district and county courts shall, in term time or vacation, hear and determine applications for and may grant writs of injunction returnable to said courts in the following cases:
(1) Where the applicant is entitled to the relief demanded and such relief or any part thereof requires the restraint of some act prejudicial to him.
(2) Where a party does some act respecting the subject of pending litigation or threatens or is about to do some act or is procuring or suffering the same to be done in violation of the rights of the applicant when said act would tend to render judgment ineffectual.
(3) Where the applicant shows himself entitled thereto under the principles of equity, and the provisions of the statutes of this State relating to the granting of injunctions.
(4) Where a cloud would be put on the title of real estate being sold under an execution against a party having no interest in such real estate subject to the execution at the time of the sale, or irreparable injury to real estate or personal property is threatened, irrespective of any legal remedy at law.
For context only: Art. 4643. Issuance by Non-Resident Judge. No district judge shall grant a writ of injunction returnable to any other court than his own except in the following cases:
(1) Where the resident judge cannot hear and act upon the application by reason of his absence, sickness, inability, inaccessibility, disqualification or refusal to act, when such facts are fully set out in the application or in an affidavit accompanying same, and if such judge refuses to act, such refusal shall be indorsed by said judge on such writ with his reasons therefor. In such case no district judge shall grant the writ when the application therefor has once been acted upon by another district judge of this State.
(2) To stay execution, or to restrain foreclosure, sales under deeds of trust, trespasses, the removal of property, or act injurious to or impairing riparian or easement rights, when satisfactory proof is made to such nonresident judge that it is impracticable for the applicant to reach the resident judge and procure his action in time to effectuate the purpose of the application.
(3) When the resident judge cannot be reached by the ordinary and available means of travel and communication in sufficient time to effectuate the purpose of the writ sought. In such case the applicant or his attorney seeking a writ on the ground of such inaccessibility shall attach to his application an affidavit fully stating the facts of such inaccessibility and his efforts made to reach and communicate with said judge, and the result thereof, and unless such efforts appear to have been fair and reasonable the application shall not be heard. Such injunction may be subsequently dissolved upon it being shown that the petitioner did not first make reasonable efforts to procure a hearing upon said application before the resident judge.
For context only: Reference is made to Art. 4644, governing applications for injunctions against a well or mine operator, and to Art. 4645, prohibiting injunctions against a judgment or proceeding at law, except to the extent to which the plaintiff shows himself entitled to such relief.
680. Temporary Restraining Order
681. Temporary Injunctions: Notice
683. Form and Scope of Injunction or Restraining Order
693. Principles of Equity Applicable
SECTION 6. MANDAMUS
694. No Mandamus Without Notice
SECTION 7. RECEIVERS
695. No Receiver of Immovable Property Appointed Without Notice
695a. Bond, and Bond in Divorce Case
SECTION 8. SEQUESTRATION
For context only: Art. 6840. When To Be Issued. Judges and clerks of the district and county courts, and justices of the peace shall, at the commencement or during the progress of any civil suit, before final judgment, have power to issue writs of sequestration, returnable to their respective courts in the following cases:
(a) When a married woman sues for divorce, and makes oath that she fears her husband will waste her separate property, or their common property, or the fruits or revenues produced by either, or that he will sell or otherwise dispose of the same so as to defraud her of her just rights, or remove the same out of the limits of the county during the pendency of the suit.
(b) When a person sues for the title or possession of any personal property of any description, and makes oath that he fears the defendant or person in possession thereof will injure, ill-treat, waste or destroy such property, or remove the same out of the limits of the county during the pendency of the suit.
(c) When a person sues for the foreclosure of a mortgage or the enforcement of a lien upon personal property of any description, and makes oath that he fears the defendant or person in possession thereof will injure, ill-treat, waste or destroy or remove the same out of the county during the pendency of the suit.
(d) When any person sues for the title or possession of real property, and makes oath that he fears the defendant or person in possession thereof will make use of his possession to injure such property, or waste or convert to his own use the fruits or revenue produced by the same.
(e) When any person sues for the title or possession of any property from which he has been ejected by force or violence, and makes oath of such fact.
(f) When any person sues for the foreclosure of a mortgage or the enforcement of a lien on real estate, and makes oath that he fears the defendant or person in possession thereof will make use of such possession to injure such property, or waste or convert to his own use the timber, rents, fruits or revenue thereof.
(g) When any person sues to try the title to any real property, or to remove cloud upon the title to such real property, or to foreclose a lien upon any such real property, or for a partition of real property and makes oath that the defendant or either of them in the event there be more than one defendant, is a nonresident of this State.
702. Bond for Personal Property
704. Return of Bond and Entry of Judgment
705. Defendant May Return Sequestered Property
706. Disposition of the Property by Officer
712a. Dissolution or Modification of Writ of Sequestration
SECTION 9. TRIAL OF RIGHT OF PROPERTY
717. Claimant Must Make Affidavit -- Repealed by order of June 10, 1980, eff. Jan. 1, 1981.
717. Claimant Must Make Affidavit
718. Bond -- Repealed by order of June 10, 1980, eff. Jan. 1, 1981.
718. Property Delivered to Claimant
719. Condition of Bond -- Repealed by order of June 10, 1980, eff. Jan. 1, 1981.
720. Property Delivered to Claimant -- Repealed by order of June 10, 1980, eff. Jan. 1, 1981.
721. Return of Oath and Bond -- Repealed by order of June 10, 1980, eff. Jan. 1, 1981.
722. Out-County Levy -- Repealed by order of June 10, 1980, eff. Jan. 1, 1981.
723. Return of Original Writ -- Repealed by order of June 10, 1980, eff. Jan. 1, 1981.
[The number 724 was omitted in original draft of rules.]
725. Docketing Cause -- Repealed by order of June 10, 1980, eff. Jan. 1, 1981.
726. Issue Made Up -- Repealed by order of June 10, 1980, eff. Jan. 1, 1981. See Rule 724.
727. Judgment by Default -- Repealed by order of June 10, 1980, eff. Jan. 1, 1981.
728. Judgment of Non-Suit -- Repealed by order of June 10, 1980, eff. Jan. 1, 1981.
729. Proceedings -- Repealed by order of June 10, 1980, eff. Jan. 1, 1981. See Rule 727.
730. Burden of Proofs -- Repealed by order of June 10, 1980, eff. Jan. 1, 1981.
730. Failure to Establish Title
731. Copy of Writ Evidence -- Repealed by order of June 10, 1980, eff. Jan. 1, 1981. See Rule 729.
732. Failure to Establish Title -- Repealed by order of June 10, 1980, eff. Jan. 1, 1981.
732. Return of Property by Claimant
733. Execution Shall Issue -- Repealed by order of June 10, 1980, eff. Jan. 1, 1981.
733. Claim Is a Release of Damages
734. Return of Property by Claimant -- Repealed by order of June 10, 1980, eff. Jan. 1, 1981. See Rule 732.
PART VII. RULES RELATING TO SPECIAL PROCEEDINGS
SECTION 1. PROCEDURES RELATED TO HOME EQUITY LOAN FORECLOSURE
735. Claim Is a Release of Damages -- Repealed by order of June 10, 1980, eff. Jan. 1, 1981. See Rule 733
735. Procedures - rewritten see now 735.1-735.3 (below).
Comment to 2011 change Rules 735 and 736 have been rewritten and expanded to cover property owners' associations' assessment liens, in accordance with amendments to chapter 209 of the Property Code. Rule 735.1 makes the expedited procedures of Rule 736 available only when the lienholder has a power of sale but a court order is nevertheless required by law to foreclose the lien. Rule 735.2 makes clear that Rule 736 is procedural only and does not affect other contractual or legal rights or duties. Any lien which can be foreclosed under Rule 736 may also be foreclosed in an action for judicial foreclosure, as Rule 735.3 states, but no lienholder is required to obtain both a Rule 736 order and a judgment for judicial foreclosure. The requirement of conspicuousness in Rule 736.1(d)(5) has reference to section 1.201(b)(10) of the Business and Commerce Code. Amended by order of Dec. 12 and Dec. 30, 2011, eff. Jan. 1, 2012
735.2 Other Statutory and Contractual Foreclosure
735.3 Judicial Foreclosure Unaffected
736. Levy on Other Property -- Repealed by order of June 10, 1980, eff. Jan. 1, 1981. See Rule 734.
736. Expedited Foreclosure Proceeding- rewritten see now 736.1-736.13 (below).
Comment to 2011 change Rules 735 and 736 have been rewritten and expanded to cover property owners' associations' assessment liens, in accordance with amendments to chapter 209 of the Property Code. Rule 735.1 makes the expedited procedures of Rule 736 available only when the lienholder has a power of sale but a court order is nevertheless required by law to foreclose the lien. Rule 735.2 makes clear that Rule 736 is procedural only and does not affect other contractual or legal rights or duties. Any lien which can be foreclosed under Rule 736 may also be foreclosed in an action for judicial foreclosure, as Rule 735.3 states, but no lienholder is required to obtain both a Rule 736 order and a judgment for judicial foreclosure. The requirement of conspicuousness in Rule 736.1(d)(5) has reference to section 1.201(b)(10) of the Business and Commerce Code. Amended by order of Dec. 12 and Dec. 30, 2011, eff. Jan. 1, 2012
736.6 Hearing Required When Response Filed
736.7 Default When No Reponse Filed
736.11 Automatic Stay and Dismissal if Independent Suit Filed
736.12 Attachment of Order to Trustee's Deed
SECTION 2. JUSTICE COURT PROCEEDINGS TO ENFORCE LANDLORD'S DUTY TO REPAIR OR REMEDY RESIDENTIAL RENTAL PROPERTY
737. Bill of Discovery -- Repealed by order of Aug. 4, 1998 & Nov. 9, 1998, eff. Jan. 1, 1999.
Comment to 2010 change: The heading of repealed Rule 737, regarding bills of discovery, is deleted. New Rule 737 is promulgated pursuant to Senate Bill 1448 to provide procedures for a tenant's request for relief in a justice court under Section 92.0563(a) of the Property Code. Except when otherwise specifically provided, the terms in Rule 737 are defined consistent with Section 92.001 of the Property Code. All suits must be filed in accordance with the venue provisions of Chapter 15 of the Civil Practice and Remedies Code.
737.1 Applicability of Rule -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
737.2 Contents of Petition; Copies; Forms and Amendments -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
737.3 Citation; Issuance; Appearance Date -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
737.4 Service and Return of Citation; Alternative Service of Citation -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
737.5 Representation of Parties -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
737.6 Docketing and Trial; Failure to Appear; Continuance -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
737.7 Discovery-- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
737.8 Judgment; Amount; Form and Content; Issuance and Service; Failure to Comply -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
737.9 Counterclaims -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
737.10 Post-Judgment Motions: Time and Manner; Disposition; Number -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
737.11 Plenary Power -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
737.12 Appeal: Time and Manner; Perfection; Effect; Costs; Trial on Appeal -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
737.13 Effect of Writ of Possession -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
SECTION 3. FORCIBLE ENTRY AND DETAINER
For context only: Art. 3973. WhenAction Lies. If any person (1) shall make an entry into any lands, tenements or other real property, except in cases where entry is given by law, or (2) shall make any such entry by force or (3) shall wilfully and without force hold over any lands, tenements or other real property after the termination of the time for which such lands, tenements or other real property were let to him, or to the person under whom he claims, after demand made in writing for the possession thereof by the person or persons entitled to such possession, such person shall be adjudged guilty of forcible entry and detainer, or of forcible detainer, as the case may be. Any justice of the peace of the precinct where the property is situated shall have jurisdiction of any case arising under this title.
For context only: Art. 3974. Forcible Entry. A "forcible entry," or an entry where entry is not given by law, is:
(1) An entry without the consent of the person having the actual possession.
(2) As to a landlord, an entry upon the possession of his tenant at will or by sufferance, whether with or without the tenant's consent.
For context only: Art. 3975. Other Cases. A person shall be adjudged guilty of forcible detainer also in the following cases:
(1) Where a tenant at will or by sufferance refuses, after demand made in writing as aforesaid, to give possession to the landlord after the termination of his will.
(2) Where the tenant of a person who has made a forcible entry refuses to give possession, after demand as aforesaid, to the person upon whose possession the forcible entry was made.
(3) Where a person who has made a forcible entry upon the possession of one who acquired it by forcible entry refuses to give possession on demand, as aforesaid, to him upon whose possession the first entry was made.
(4) Where a person who has made a forcible entry upon the possession of a tenant for a term refuses to deliver possession to the landlord upon demand as aforesaid, after the term expires; and, if the term expire whilst a writ of forcible entry sued out by the tenant is pending, the landlord may, at his own cost and for his own benefit, prosecute it in the name of the tenant. It is not material whether the tenant shall have received possession from his landlord or have become his tenant after obtaining possession.
738. May Sue for Rent -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
739. Citation -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
740. Complainant May Have Possession -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
741. Requisites of Complaint -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
742. Service of Citation -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
742a. Service by Delivery to Premises -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
743. Docketed -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
744. Demanding Jury -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
745. Trial Postponed -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
746. Only Issue -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
747. Trial -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
747a. Representation by Agents-- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
748. Judgment and Writ -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
749. May Appeal -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
749a. Pauper's Affidavit -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
749b. Pauper's Affidavit in Nonpayment of Rent Appeals -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
749c. Appeal Perfected -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
750. Form of Appeal Bond -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
751. Transcript -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
752. Damages-- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
753. Judgment by Default -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
The number 754 was omitted in original draft of rules. See 3 Tex. B.J. 517, 642 (1940).
755. Writ of Possession -- Repealed by order of April 15, 2013, eff. Aug. 31, 2013.
SECTION 4. PARTITION OF REAL ESTATE
For context only: Art. 6082. Joint Owner May Compel. Any joint owner or claimant of any real estate or of any interest therein or of any mineral, coal, petroleum, or gas lands, whether held in fee or by lease or otherwise, may compel a partition thereof between the other joint owners or claimants thereof in the manner provided in this chapter.
For context only: Art. 6083. Venue of Action. Such joint owner or claimant may file his petition in the district court of the county in which the real estate, or any part thereof, sought to be partitioned, is situated.
Note: This is part of the first sentence of the article unchanged. The balance is procedural.
758. Where Defendant is Unknown or Residence is Unknown
759. Judgment Where Defendant Cited by Publication
760. Court Shall Determine, What
761. Appointment of Commissioners
763. Service of Writ of Partition
766. Shall Proceed to Partition
770. Property Incapable of Division
SECTION 5. PARTITION OF PERSONAL PROPERTY
For context only: Art. 6101. Part Owners May Compel Partition. Part owners of personal property may be compelled to make partition between them in the manner hereinafter provided.
Note: "Hereinafter provided" by Rule 818 is construed to include provision by these rules for partition.
For context only: Art. 6102. Suit Begun in What Court. Suit for partition shall be commenced in the court having jurisdiction of the value of such property.
Note: The balance of Art. 6102 is deemed procedural, and is carried in Rule 772.
SECTION 6. PARTITION: MISCELLANEOUS PROVISIONS
SECTION 7. QUO WARRANTO
For context only: Art. 6253. Quo Warranto, When. If any person shall usurp, intrude into or unlawfully hold or execute, or is now intruded into, or now unlawfully holds or executes, any office or franchise, or any office in any corporation created by the authority of this State, or any public officer shall have done or suffered any act which by law works a forfeiture of his office, or any association of persons shall act within this State as a corporation without being legally incorporated, or any corporation does or omits any act which amounts to a surrender or a forfeiture of its rights and privileges as such, or exercises power not conferred by law; or if any railroad company doing business in this State shall charge an extortionate rate for the transportation of any freight or passengers, or refuse to draw or carry the cars of any other railroad company over its lines as required by the laws of this State, the attorney general, or district or county attorney of the proper county or district, either of his own accord or at the instance of any individual relator, may present a petition to the district court of the proper county, or any judge thereof in vacation, for leave to file an information in the nature of a quo warranto in the name of the State of Texas. If such court or judge is satisfied that there is probable ground for the proceeding, he shall grant such leave and order the information to be filed and process to issue.
781. Proceedings as in Civil Cases
SECTION 8. TRESPASS TO TRY TITLE
For context only: Art. 7364. Methods of Trying Titles. All fictitious proceedings in the action of ejectment are abolished. The method of trying titles to lands, tenements or other real property shall be by action of trespass to try title.
784. The Possessor Shall Be Defendant
785. May Join as Defendants, Whom
786. Warrantor, etc., May Be Made a Party
787. Landlord May Become Defendant
788. May File Plea of "Not Guilty” Only
790. Answer Taken as Admitting Possession
791. May Demand Abstract of Title
793. Abstract Shall State, What
801. When Defendant Claims Part Only
802. When Plaintiff Proves Part
807. Judgment When Claim for Improvements is Made
808. These Rules Shall Not Govern, When
809. These Rules Shall Not Govern, When
SECTION 9. SUITS AGAINST NON-RESIDENTS
For context only: Art. 1975. Actions Maintainable. Persons claiming a right to or interest in property in this State may bring and prosecute to final decree, judgment or order, actions against nonresidents of this State, or persons whose place of residence is unknown, or who are transient persons, who claim an adverse estate, or interest in, or who claim any lien or incumbrance on said property, for the purpose of determining such estate, interest, lien or incumbrance, and granting the title to said property, or settling the lien or incumbrance thereon.
For context only: (part) Art. 1976. Actual possession Not Necessary. Such action as provided for in Article 1975, Title 42, Chapter 1, of the 1925 Revised Civil Statutes, of the State of Texas, may be maintained by any such person whether or not he is in actual possession of such property.
811. Service by Publication in Actions Under Section 17.003, Civil Practice and Remedies Code
PART VIII. CLOSING RULES
815. Substantive Rights Unaffected
816. Jurisdiction and Venue Unaffected
817. Rules by Other Courts -- Renumbered in 1983 to Rule 3a Local Rules
818. Reference to Former Statutes