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Rules 51 - 100 Rules 101-150 Rules 151-200 Rules 201-250 Rules 251-300 Rules 301-350 Rules 351-400 Rules 401-450 Rules 451-500 Rules 501-550 Rules 551-600 Rules 601-650 Rules 651-700a Rules 701-750 Rules 751-800 Rules 801-822

PART I. GENERAL RULES

1. Objective of Rules

2. Scope of Rules

3. Construction of Rules

3a. Local Rules (former Rule 817 Rules by Other Courts)

4. Computation of Time

5. Enlargement of Time

6. Suits Commenced on Sunday

7. May Appear by Attorney

8. Attorney in Charge

9. Number of Counsel Heard

10. Withdrawal of Attorney

11. Agreements to be in Writing

12. Attorney to Show Authority

13. Effect of Signing of Pleadings, Motions and Other Papers; Sanctions

14. Affidavit by Agent

14a. Amendment and Correction Practice in All Courts -- Repealed by Order of April 10, 1986, eff. Sept. 1, 1986.

14b. Return or Other Deposition of Exhibits

14c. Deposit in Lieu of Surety Bond

PART II. RULES OF PRACTICE IN DISTRICT AND COUNTY COURTS

SECTION 1. GENERAL RULES

15. Writs and Process

16. Shall Endorse All Process

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

19. Non-adjournament of Term

20. Minutes Read and Signed

21. Filing and Serving Pleadings and Motions

21a. Methods of Service

21b. Notice by Certified Mail -- Repealed by order of Dec. 5, 1983, eff.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 Extensions of Time on Appeal -- Repealed by Order of April 10, 1986, eff.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.

 

SECTION 2. INSTITUTION OF SUIT

22. Commenced by Petition

23. Suits to be Numbered Consecutively

24. Duty of Clerk

25. Clerk's File Docket

26. Clerk's Court Docket

27. Order of Cases

 

SECTION 3. PARTIES TO SUIT

28. Suits in Assumed Name

29. Suit on Claim Against Dissolved Corporation

30. Parties to Suits

31. Surety Not to be Sued Alone

32. May Have Question of Suretyship Tried

33. Suits by or Against Counties

34. Against Sheriff, Etc.

35. On Official Bonds

36. Different Officials and Bondsmen

37. Additional Parties

38. Third-Party Practice

39. Joinder of Persons Needed for Just Adjudication

40. Permissive Joinder of Parties

41. Misjoinder and Non-joinder of Parties

42. Class Actions

43. Interpleader

44. May Appear by Next Friend

 

SECTION 4. PLEADING

A. GENERAL

45. Definition and System

46. Petition and Answer; Each One Instrument of Writing

47. Claims for Relief

48. Alternative Claims for Relief

49. Where Several Counts

50. Paragraphs, Separate Statements

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51. Joinder of Claims and Remedies

52. Alleging a Corporation

53. Special Act or Law

54. Conditions Precedent

55. Judgment

56. Special Damage

57. Signing of Pleadings

58. Adoption by Reference

59. Exhibits and Pleading

60. Intervenor's Pleadings

61. Trial: Intervenors: Rules Apply to All Parties

62. Amendment Defined

63. Amendments and Responsive Pleadings

64. Amended Instrument

65. Substituted Instrument Takes Place of Original

66. Trial Amendment

67. Amendments to Conform to Issues Tried Without Objection

68. Court May Order Repleader

69. Supplemental Petition or Answer

70. Pleading: Surprise: Cost

71. Misnomer of Pleading

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

75b. Filed Exhibits: Withdrawal

76. May Inspect Papers

76a. Sealing Court Records

77. Lost Records and Papers

B. PLEADINGS OF PLAINTIFF

78. Petition; Original and Supplemental: Indorsement

78a. Case Information Sheet

79. The Petition

80. Plaintiff's Supplemental Petition

81. Defensive Matters

82. Special Defenses

C. PLEADINGS OF DEFENDANT

83. Answer; Original and Supplemental; Indorsement

84. Answer May include Several Matters

85. Original Answer; Contents

86. Motion to transfer Venue

87. Determination of Motion to transfer

88. Discovery and Venue

89. Transferred if Motion is Sustained

90. Waiver of Defects in Pleading

91. Special Exceptions

91a. Dismissal of Baseless Causes of Action

91a.1 Motion and Grounds

91a.2 Contents of Motion

91a.3 Time for Motion and Ruling

91a.4 Time for Response

91a.5 Effect of Nonsuit or Amendment; Withdrawal of Motion

91a.6 Hearing; No Evidence Considered

91a.7 Award of Costs and Attorney Fees Required

91a.8 Effect on Venue and Personal Jurisdiction

91a.9 Dismissal Procedure Cumulative

92. General Denial

93. Certain Pleas to be Verified

94. Affirmative Defenses

95. Pleas of Payment

96. No Discontinuance

97. Counterclaim and Cross-claim

98. Supplemental Answers  

SECTION 5. CITATION

99. Issuance and Form of Citation

100. Other Process -- Repealed by order of July 15, 1987, eff. Jan. 1, 1988.

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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.

103. Who May Serve

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

106. Method of Service

107. Return of Service

108. Service in Another State

108a. Service of Process in Foreign Countries

109. Citation by Publication

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

117a. Citation in Suits for Delinquent Ad Valorem Taxes

118. Amendment

119. Acceptance of Service

119a. Copy of Decree

120. Entering Appearance

120a. Special Appearance

121. Answer is Appearance

122. Constructive Appearance

123. Reversal of Judgment

124. No Judgment Without Service  

SECTION 6. COSTS AND SECURITY THEREFOR

125. Parties Responsible

126. Fee for Execution of Process, Demand

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.

129. How Costs Collected

130. Officer to Levy

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.

133. Costs of Motion

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.

138. Cost of New Trials

139. On Appeal and Certiorari

140. No Fee for Copy

141. Court May Otherwise Adjudge Costs

142. Security for Costs

143. Rule for Costs

143a. Costs on Appeal to County Court

144. Judgment on Cost Bond

145. Affidavit of Inability

146. Deposit for Costs

147. Applies to Any Party

148. Secured by Other Bond

149. Execution for Costs

SECTION 7. ABATEMENT AND DISCONTINUANCE OF SUIT

150. Death of Party

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151. Death of Plaintiff

152. Death of Defendant

153. When Executor, etc., Dies

154. Requisites of Scire Facias

155. Surviving Parties

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

162. Dismissal or Non-suit

163. Dismissal As To Parties Served, Etc.

164. Non-Suit -- Repealed by order of July 15, 1987, eff. Jan. 1, 1988.

165. Abandonment

165a. Dismissal for Want of Prosecution

SECTION 8. PRE-TRIAL PROCEDURE

166. Pretrial Conference

166a. Summary Judgment

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

167.1 Generally

167.2 Settlement Offer

167.3 Withdrawal, Acceptance, and Rejection of Offer

167.4 Awarding Litigation Costs

167.5 Procedures

167.6 Evidence Not Admissible

167.7 Other Settlement Offers Not Affected

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.

168. Permission to Appeal

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.

169. Expedited Actions

170. Refusal to Make Discovery; Consequences -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984. See Rule 215 for all sanction information.

171. Master in Chancery

172. Audit

173. Guardian Ad Litem

173.1 Appointment Governed by Statute or Other Rules

173.2 Appointment of Guardian ad Litem

173.3 Procedure

173.4 Role of Guardian ad Litem

173.5 Communications Privileged

173.6 Compensation

173.7 Review

174. Consolidation; Separate Trials

175. Issue of Law and Dilatory Pleas

SECTION 9. EVIDENCE AND DISCOVERY

A. EVIDENCE

176. Subpoenas

176.1 Form

176.2 Required Actions

176.3 Limitations

176.4 Who May Issue

176.5 Service

176.6 Response

176.7 Protection of Person from Undue Burden and Expense

176.8 Enforcement of Subpoena

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).

180. Refusal to Testify

181. Party As Witness

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.

183. Interpreters

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.

185. Suit on Account

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 $50,000 or Less (Level 1)

190.3. Discovery Control Plan - By Rule (Level 2)

190.4 Discovery Control Plan – By Order (Level 3)

190.5. Modification of Discovery Control Plan

190.6. Certain Types of Discovery Excepted

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

191.2. Conference

191.3. Signing of Disclosures, Discovery Requests, Notices, Responses, and Objections

191.4. Filing of Discovery Materials

191.5. Service of Discovery Materials

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

192.1. Forms of Discovery

192.2. Sequence of Discovery

192.3. Scope of Discovery

192.4. Limitations on Scope of Discovery

192.5. Work Product

192.6. Protective Orders

192.7. Definitions

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

193.3. Asserting a Privilege

193.4. Hearing and Ruling on Objections and Assertions of Privilege

193.5. Amending or Supplementing Responses to Written Discovery

193.6. Failing to Timely Respond - Effect on Trial

193.7. Production of Documents Self-Authenticating

194. Requisites of Commissions -- Repealed by order of July 21,1970, eff. Jan. 1, 1971.

194. Requests for Disclosure

194.1. Request

194.2. Content

194.3. Response

194.4. Production

194.5. No Objection

194.6. Certain Responses Not Admissible

195. Subpoena for Witness -- Repealed by order of March 19, 1957, eff. Sept. 1, 1957.

195. Discovery Regarding Testifying Expert Witnesses

195.1. Permissible Discovery Tools

195.2. Schedule for Designating Experts

195.3. Scheduling Depositions

195.4. Oral Deposition

195.5. Court-Ordered Reports

195.6. Amendment and Supplementation

195.7. 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

196.3. Production

196.4. Electronic or Magnetic Data

196.5. Destruction or Alteration

196.6. Expenses of Production

196.7. Request or Motion for Entry Upon Property

197. Interpreter -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984. Included in Rule 208.

197. Interrogatories to Parties

197.1. Interrogatories

197.2. Response to Interrogatories

197.3. Use

198. Return of Depositions -- Repealed by order of Dec. 5, 1983, eff. April 1, 1984. Included in Rule 208.

198. Requests For Admissions

198.1. Request for Admissions

198.2. Response to Requests for Admissions

198.3. Effect of Admissions; Withdrawal or Amendment

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

199.6. Hearing on Objections

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

200.3. Questions and Objections

200.4. Conducting the Deposition Upon Written Questions

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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

202.1. Generally

202.2. Petition

202.3. Notice and Service

202.4. Order

202.5. Manner of Taking and Use

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

203.1. Signature and Changes

203.2. Certification

203.3. Delivery

203.4. Exhibits

203.5. Motion to Suppress

203.6. Use

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

204.4. Cases Arising Under Titles II or V, Family Code

204.5. Definition

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

205.2. Notice

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

215.6. Exhibits to Motions and Responses

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.

216. Fee

217. Oath of Inability

218. Jury Docket

219. Jury Trial Day

220. Withdrawing Cause From Jury Docket

221. Challenge to the Array

222. When Challenge Is Sustained

223. Jury List in Certain Counties

224. Preparing Jury List

225. Summoning Talesman

226. Oath to Jury Panel

226a. Instructions to Jury Panel and Jury

226a. Jury Instructions Prescribed by Order Under 226a

227. Challenge to Juror

228. "Challenge for Cause" Defined

229. Challenge for Cause

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

235. If Jury Is Incomplete

236. Oath to Jury

SECTION 11. TRIAL OF CAUSES

A. APPEARANCE AND PROCEDURE

237. Appearance Day

237a. Cases Remanded from Federal Court

238. Call of Appearance Docket

239. Judgment by Default

239a. Notice of Default Judgment

240. Where Only Some Answer

241. Assessing Damages on Liquidated Demands

242. Duty of District Clerk -- Repealed by order of Sept. 20, 1941, eff. Dec. 31, 1941.

243. Unliquidated Demands

244. On Service by Publication

245. Assignment of Cases for Trial

246. Clerk to Give Notice of Settings

247. Tried When Set

248. Jury Cases

249. Call of Non-Jury Docket

250. Trial Outside County -- Repealed by order of Sept. 20, 1941, eff. Dec. 31, 1941.

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B. CONTINUANCE AND CHANGE OF VENUE

251. Continuance

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.

257. Granted on Motion

258. Shall Be Granted

259. To What County

260. In Case of New Counties -- Repealed by order of April 24, 1990, eff. Sept. 1, 1990: no longer needed.

261. Transcript on Change

C. THE TRIAL

262. Trial by the Court

263. Agreed Case

264. Appeal Tried De Novo -- Repealed by order of July 15, 1987, eff. Jan. 1, 1988.

264. Videotape Trial

265. Order of Proceedings on Trial by Jury

266. Open and Close - Admission

267. Witnesses Placed Under Rule

268. Motion for Instructed Verdict

269. Argument

270. Additional Testimony

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.

271. Charge to the Jury

272. Requisites

273. Jury Submissions

274. Objections and Requests

275. Charge Read Before Argument

276. Refusal or Modification

277. Submission to the Jury

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.

280. Presiding Juror of Jury

281. Papers Taken to Jury Room

282. Jury Kept Together

283. Duty of Officer: Attending Jury

284. Judge to Caution Jury

285. Jury May Communicate With Court

286. Jury May Receive Further Instructions

287. Disagreement As to Evidence

288. Court Open for Jury

289. Discharge of Jury

F. VERDICT

290. Definition and Substance

291. Form of Verdict

292. Verdict by Portion of Original Jury

293. When the Jury Agree

294. Polling the Jury

295. Correction of Verdict

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

299. Omitted Findings

299a. Findings of Fact To Be Separately Filed and Not Recited in a Judgment

H. JUDGMENTS

300. Court to Render Judgment

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301. Judgments

302. On Counterclaim

303. On Counterclaim For Costs

304. Judgment Upon Record

305. Proposed Judgment

306. Recitation of Judgment

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.

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

310. Writ of Possession

311. On Appeal From Probate Court

312. On Appeal From Justice Court

313. Against Executors, Etc.

314. Confession of Judgment

I. REMITTITUR AND CORRECTION

315. Remittitur

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

321. Form

322. Generality To Be Avoided

323. Grounds of Motion in Causes Tried Without Jury -- Repealed by order of July 11, 1977, eff. Jan. 1, 1978.

324. Prerequisites of Appeal

325. Errors on Motions -- Repealed by order of July 11, 1977, eff. Jan. 1, 1978.

326. Not More Than Two

327. For Jury Misconduct

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

329a. County Court Cases

329b. Time for Filing Motions

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.

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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.

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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.

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SECTION 5. OPINIONS

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.

500.1. Construction of Rules

500.2. Definitions

500.3. Application of Rules in Justice Court Cases

500.4. Representation in Justice Court Cases

500.5. Computation of Time; Timely Filing

500.6. Judge to Develope the Case

500.7. Exclusion of Witnesses

500.8. Subpeonas

500.9. Discovery

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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.

501.1 Citation

501.2 Service Of Citation

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

502.2. Petition [Including Justice Court Civil Case Information Sheet]

502.3. Fees; Inability to Pay

502.4. Venue - Where A Lawsuit May Be Brought

502.5. Answer

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

503.2 Summary Disposition

503.3 Settings and Notice; Postponing Trial

503.4 Pretrial Conference

503.5 Alternative Dispute Resolution

503.6 Trial

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.

504.1 Jury Trial Demanded

504.2 Empaneling The Jury

504.3 Jury Not Charged

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.

505.1 Judgment

505.2 Enforcement Of Judgment

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.

506.1 Appeal

506.2 Record On Appeal

506.3 Trial De Novo

506.4 Writ Of Certiorari

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.

507.1 Plenary Power

507.2 Forms

507.3 Docket and Other Records

507.4 Issuance Of Writs

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.

508.1 Application

508.2 Petition

508.3 Default Judgment

RULE 509. REPAIR AND REMEDY CASES

509. Mandate Barred -- Repealed by order of July 11, 1977, eff. Jan. 1, 1978.

509.1 Applicability Of Rule

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

509.7 Counterclaims

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.

510.1 Application

510.2 Computation of Time For Eviction Cases

510.3 Petition

510.4 Issuance, Service, and Return Of Citation

510.5 Request for Immediate Possession

510.6 Trial Date; Answer; Default Judgment

510.7 Trial

510.8 Judgment; Writ; No New Trial

510.9 Appeal

510.10 Record on Appeal; Docketing; Trial De Novo

510.11 Damages on Appeal

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.

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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 ANCULLARY 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

592a. Bond for Attachment

592b. Form of Attachment Bond -- Former Rule 592

593. Requisites for Writ

594. Form of Writ

595. Several Writs

596. Delivery of Writ

597. Duty of Officer

598. Levy, How Made

598a. Service of Writ on Defendant

599. Defendant May Replevy

600. Sale of Perishable Property

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601. To Protect Interests

602. Bond of Applicant for Sale

603. Procedure for Sale

604. Return of Sale

605. Judge May Make Necessary Orders

606. Return of Writ

607. Report of Disposition of Property

608. Dissolution or Modification of Writ of Attachment

609. Amendment

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.

612. Requisites for Warrant

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.

614. Defendant May Replevy

614a. Dissolution or Modification of Distress Warrant

615. Sale of Perishable Property

616. To Protect Interests

617. Procedure for Sale

618. Return of Sale

619. Citation for Defendant

620. Petition

SECTION 3. EXECUTIONS

621. Enforcement of Judgment

621a. Discovery in Enforcement of Judgment

622. Execution

623. On Death of Executor

624. On Death of Nominal Plaintiff

625. On Money of Deceased

626. On Property of Deceased

627. Time For Issuance

628. Execution Within Thirty Days

629. Requisites of Execution

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

634. Execution Superseded

635. Stay of Execution in Justice Court

636. Indorsements by Officer

637. Levy of Execution

638. Property Not To Be Designated

639. Levy

640. Levy on Stock Running at Large

641. Levy on Shares of Stock

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

644. May Give Delivery Bond

645. Property May Be Sold by Defendant

646. Forfeited Delivery Bond

646a. Sale of Real Property

647. Notice of Sale of Real Estate

648. "Courthouse Door" Defined

649. Sale of Personal Property

650. Notice of Sale of Personal Property

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651. When Execution Not Satisfied

652. Purchaser Failing to Comply

653. Resale of Property

654. Return of Execution

655. Return of Execution by Mail

656. Execution Docket

SECTION 4. GARNISHMENT

657. Judgment Final for Garnishment

658. Application for Writ of Garnishment and Order

658a. Bond for Garnishment

659. Case Docketed

660. When Writ Is to Subject Shares -- Repealed by order of Aug. 18, 1947, eff. Dec. 31, 1947.

661. Form of Writ

662. Delivery of Writ

663. Execution and Return of Writ

663a. Service of Writ on Defendant

664. Defendant May Replevy

664a. Dissolution or Modification of Writ of Garnishment

665. Answer to Writ

666. Garnishee Discharged

667. Judgment by Default

668. Judgment When Garnishee Is Indebted

669. Judgment for Effects

670. Refusal to Deliver Effects

671. Judgment Against Company -- Repealed by order of Aug. 18, 1947, eff. Dec. 31, 1947.

672. Sales of Effects

673. May Traverse Answer

674. Trial of Issue

675. Docket and Notice

676. Issue Tried as in Other Cases

677. Costs

678. Garnishee Discharged on Proof

679. Amendment

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

682. Sworn Petition

683. Form and Scope of Injunction or Restraining Order

684. Applicant's Bond

685. Filing and Docketing

686. Citation

687. Requisites of Writ

688. Clerk to Issue Writ

689. Service and Return

690. The Answer

691. Bond on Dissolution

692. Disobedience

693. Principles of Equity Applicable

693a. Bond in Divorce Case

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.

696. Application for Writ of Sequestration and Order

697. Petition

698. Bond for Sequestration

699. Requisites of Writ

700. Amendment

700a. Service of Writ on Defendant

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701. Defendant May Replevy

702. Bond for Personal Property

703. Bond for Real Estate

704. Return of Bond and Entry of Judgment

705. Defendant May Return Sequestered Property

706. Disposition of the Property by Officer

707. Execution

708. Plaintiff May Replevy

709. When Bond Forfeited

710. Sale of Perishable Goods

711. Order of Sale For

712. Return of Order

712a. Dissolution or Modification of Writ of Sequestration

713. Sale on Debt Not Due

714. Purchaser's Bond

715. Return of Bond

716. Recovery on Bond

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.

719. Bond

720. Property Delivered to Claimant -- Repealed by order of June 10, 1980, eff. Jan. 1, 1981.

720. Return of Bond

721. Return of Oath and Bond -- Repealed by order of June 10, 1980, eff. Jan. 1, 1981.

721. Out-County Levy

722. Out-County Levy -- Repealed by order of June 10, 1980, eff. Jan. 1, 1981.

722. Return of Original Writ

723. Return of Original Writ -- Repealed by order of June 10, 1980, eff. Jan. 1, 1981.

723. Docketing Cause

[The number 724 was omitted in original draft of rules.]

724. Issue Made Up

725. Docketing Cause -- Repealed by order of June 10, 1980, eff. Jan. 1, 1981.

725. Judgment by Default

726. Issue Made Up -- Repealed by order of June 10, 1980, eff. Jan. 1, 1981. See Rule 724.

726. Judgment of Non-Suit

727. Judgment by Default -- Repealed by order of June 10, 1980, eff. Jan. 1, 1981.

727. Proceedings

728. Judgment of Non-Suit -- Repealed by order of June 10, 1980, eff. Jan. 1, 1981.

728. Burden of Proof

729. Proceedings -- Repealed by order of June 10, 1980, eff. Jan. 1, 1981. See Rule 727.

729. Copy of Writ Evidence

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.

731. Execution Shall Issue

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.

734. Levy on Other Property

 

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

735.1 Liens Affected

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

736.1 Application

736.2 Costs

736.3 Citation

736.4 Discovery

736.5 Response

736.6 Hearing Required When Response Filed

736.7 Default When No Reponse Filed

736.8 Order

736.9 Effect of the Order

736.10 Bankruptcy

736.11 Automatic Stay and Dismissal if Independent Suit Filed

736.12 Attachment of Order to Trustee's Deed

736.13 Promulgated Forms

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.

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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.

756. Petition

757. Citation and Service

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

762. Writ of Partition

763. Service of Writ of Partition

764. May Appoint Surveyor

765. Return of Writ

766. Shall Proceed to Partition

767. May Cause Survey

768. Shall Divide Real Estate

769. Report of Commissioners

770. Property Incapable of Division

771. Objections to Report

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.

772. Procedure

773. Value Ascertained

774. Decree of Court Executed

775. Property Sold

SECTION 6. PARTITION: MISCELLANEOUS PROVISIONS

776. Construction

777. Pleading and Practice

778. Costs

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.

779. Joinder of Parties

780. Citation to Issue

781. Proceedings as in Civil Cases

782. Remedy Cumulative

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.

783. Requisites of Petition

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

789. Proof Under Such Plea

790. Answer Taken as Admitting Possession

791. May Demand Abstract of Title

792. Time to File Abstract

793. Abstract Shall State, What

794. Amended Abstract

795. Rules in Other Cases Observed

796. Surveyor Appointed, Etc.

797. Survey Unnecessary When

798. Common Source of Title

799. Judgment by Default

800. Proof Ex Parte

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801. When Defendant Claims Part Only

802. When Plaintiff Proves Part

803. May Recover a Part

804. The Judgment

805. Damages

806. Claim for Improvements

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.

810. Requisites of Pleadings

811. Service by Publication in Actions Under Section 17.003, Civil Practice and Remedies Code

812. No Judgment by Default

813. Suit to Extinguish Lien

PART VIII. CLOSING RULES

814. Effective Date

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

819. Procedure Continued

820 Workers' Compensation Law

821 Prior Court Rules Repealed

822. Title

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