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← Texas Texas Rules of Civil Procedure

Part I — General Rules

1 Objective of Rules
2 Scope of Rules
3 Construction of Rules
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 Pleadings, Motions and Other Papers; Sanctions
14 Affidavit by Agent
14b Return or Other Disposition of Exhibits
14c Deposit in Lieu of Surety Bond

Part II — Rules of Practice in District and County Courts

15 Writs and Process
16 Shall Endorse All Process
17 Officer to Execute Process
18 When Judge Dies During Terms, 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-adjournment of Term
20 Minutes Read and Signed
21 Filing and Serving Pleadings and Motions
21a Methods of Service
21b Sanctions for Failure to Serve or Deliver Copy of Pleadings and Motions
21d Appearances at Court Proceedings
21c Privacy Protection for Filed Documents
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
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 or Non-joinder of Parties
42 Class Actions
43 Interpleader
44 May Appear by Next Friend
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
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
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
78 Petition: Original and Supplemental; Indorsement
78a CASE INFORMATION SHEET (Repealed 12.11.2018)
79 The Petition
80 Plaintiff's Supplemental Petition
81 Defensive Matters
82 Special Defenses
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 D
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 D
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
99 Issuance and Form of Citation D
103 Who May Serve
105 Duty of Officer or Person Receiving
106 Method of Service
107 Return of Service
108a Service of Process in Foreign Countries
108 Service in Another State
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 D
115 Form of Published Citation in Actions Involving Land
116 Service of Citation by Publication D
117 Return of Citation by Publication
117a Citation in Suits for Delinquent Ad Valorem Taxes D
118 Amendment
119 Acceptance of Service
119a Copy of Decree
120a Special Appearance
120 Entering Appearance
121 Answer Is Appearance
122 Constructive Appearance
123 Reversal of Judgment
124 No Judgment Without Service
125 Parties Responsible
127 Parties Liable for Other Costs
129 How Costs Collected
130 Officer to Levy
131 Successful Party to Recover
133 Costs of Motion
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 D
144 Judgment on Cost Bond D
146 Deposit for Costs
147 Applies to Any Party
148 Secured by Other Bond
149 Execution for Costs
150 Death of Party
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
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
165 Abandonment
165a Dismissal for Want of Prosecution D

Part III — Rules Relating to Special Proceedings

166 Pre-trial Conference
166a Summary Judgment
167 Offer of Settlement; Award of Litigation Costs D
168 Permission to Appeal
169 Expedited Actions D
171 Master in Chancery
172 Audit D
173 Guardian Ad Litem
174 Consolidation; Separate Trials
175 Issue of Law and Dilatory Pleas
176 Subpoenas
180 Refusal to Testify
181 Party as Witness
183 Interpreters
185 Suit on Account
190 Discovery Limitations D
191 Modifying Discovery Procedures and Limitations; Conference Requirement; Signing Disclosures; Discovery Requests, Responses, and Objections; Filing Requirements
192 Permissible Discovery: Forms, Scope, Work Product
193 Written Discovery: Response and Objection D
194 Required Disclosures in Suits Not Governed by the Family Code D
195 Discovery Regarding Testifying Expert Witnesses D
196 Requests for Production and Inspection D
197 Interrogatories to Parties D
198 Requests for Admissions D
199 Depositions Upon Oral Examination
200 Depositions Upon Written Questions D
202 Depositions Before Suit or to Investigate Claims D
203 Signing, Certification and Use of Oral and Written Depositions D
204 Physical and Mental Examination D
205 Discovery from Non-parties D
215 Abuse of Discovery; Sanctions

Part IV — Rules Relating to Evidence

216 Request for Jury Trial
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
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
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
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
251 Continuance
252 Application for Continuance
253 Absence of Counsel as Ground for Continuance
254 Attendance on Legislature
255 Change of Venue by Consent
257 Granted on Motion
258 Shall Be Granted
259 To What County
261 Transcript on Change
262 Trial by the Court
263 Agreed Case
264 Videotape Trial
265 Order of Proceedings on Trial by Jury

Part V — Rules of Practice in Justice Courts

266 Open and Close - Admission
267 Witnesses Placed Under Rule
268 Motion for Instructed Verdict
269 Argument
270 Additional Testimony
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 Submission of Questions, Definitions, and Instructions
279 Omissions from the Charge
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 My Receive Further Instructions
287 Disagreement as to Evidence
288 Court Open for Jury
289 Discharge of Jury
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
296 Requests for Findings of Facts and Conclusions of Law
297 Time to Send Findings of Fact and Conclusions of Law
298 Additional or Amended Findings of Fact and Conclusions of Law
299 Omitted Findings
300 Court to Render Judgment
301 Judgments
302 On Counterclaim
303 On Counterclaim for Costs
304 Judgment Upon Record
305 Proposed Judgment
306 Recitation of Judgment
306b Advice of Right to Appeal in Orders Certifying a Child to Stand Trial as an Adult
306a Periods to Run from Signing of Judgment
306c Prematurely Filed Documents
307 Exceptions, Etc., Transcript
308 Court Shall Enforce Its Decrees
308a In 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
315 Remittitur
316 Correction of Clerical Mistakes in Judgment Record
320 Motion and Action of Court Thereon
321 Form
322 Generality to Be Avoided
324 Prerequisites of Appeal
326 Not More Than Two
327 For Jury Misconduct
329 Motion for New Trial on Judgment Following Citation by Publication
329b Time for Filing Motions
329a County Court Cases
330 Rules of Practice and Procedure in Certain District Courts
360 Written Opinions in Business Court Actions
500 General Rules D
501 Citation and Service Rule 501.1. Citation D
502 Institution of Suit Rule 502.1. Pleadings and Motions Must Be Written, Signed, and Filed D
503 Default Judgment; Pre-trial Matters; Trial Rule 503.1. If Defendant Fails to Answer D
504 Jury D
505 Judgment; New Trial D
506 Appeal Rule 506.1. Appeal D
507 Administrative Rules for Judges and Court Personnel Rule 507.1. Plenary Power D
508 Debt Claim Cases Rule 508.1. Application
509 Repair and Remedy Cases Rule 509.1. Applicability of Rule D
514 Repealed effective September 1, 1986] S ECTION 3. R EHEARING

Part VI — Rules Relating to Ancillary Proceedings

592 Application for Writ of Attachment and Order
592b Form of Attachment Bond
592a Bond for Attachment
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
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
610 Application for Distress Warrant and Order
611 Bond for Distress Warrant
612 Requisites for Warrant
613 Service of Warrant on Defendant
614 Defendant May Replevy
614a Dissolution or Modification of Distress Warrant D
615 Sale of Perishable Property
616 To Protect Interests
617 Procedure for Sale
618 Return of Sale
619 Citation for Defendant
620 Petition
621 Enforcement of Judgment
621a Discovery and 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
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
651 When Execution Is Not Satisfied
652 Purchaser Failing to Comply
653 Resale of Property
654 Return of Execution
655 Return of Execution by Mail
656 Execution Docket
657 Judgment Final for Garnishment
658 Application for Writ of Garnishment and Order
658a Bond for Garnishment
659 Case Docketed
660 Repealed effective December 31, 1947]
661 Form of Writ
662 Delivery of Writ
663 Execution and Return of Writ
663a Service of Writ and Other Documents on Defendant
664a Dissolution or Modification of Writ of Garnishment
664 Defendant May Replevy
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
672 Sale of Effects
673 May Traverse Answer
674 Trial of Issue
675 Docket and Notice
676 Issue Tried in Other Cases
677 Costs
678 Garnishee Discharged on Proof
679 Amendment
679a Turnover Under Civil Practice and Remedies Code § 31.002 D
679b Personal Property Exemptions in Post-judgment Proceedings D
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
694 No Mandamus Without Notice
695 No Receiver of Immovable Property Appointed Without Notice
695a Bond, and Bond in Divorce Cases
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
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
717 Claimant Must Make Affidavit
718 Property Delivered to Claimant D
719 Bond
720 Return of Bond
721 Out-county Levy
722 Return of Original Writ
723 Docketing Cause
724 Issue Made Up
725 Judgment by Default
726 Judgment of Non-suit
727 Proceedings
728 Burden of Proof
729 Copy of Writ Evidence
730 Failure to Establish Title
731 Execution Shall Issue
732 Return of Property by Claimant
733 Claim Is a Release of Damages
734 Levy on Other Property

Part VII — Rules Relating to Special Proceedings

735 Foreclosures Requiring a Court Order
736 Expedited Order Proceeding D
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
772 Procedure
773 Value Ascertained
774 Decree of Court Executed
775 Property Sold
776 Construction
777 Pleading and Practice
778 Costs
779 Joinder of Parties
780 Citation to Issue
781 Proceeding as in Civil Cases
782 Remedy Cumulative
783 Requisites of Petition
784 The Possessor Shall Be Defendant
785 May Join as Defendants, When
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
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
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
814 Effective Date
815 Substantive Rights Unaffected

Part VIII — Closing Rules

816 Jurisdiction and Venue Unaffected
818 Reference to Former Statutes
819 Procedure Continued
820 Workers' Compensation Law
821 Prior Court Rules Repealed
822 Title

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Texas Rules of Civil Procedure

Part VI · Rules Relating to Ancillary Proceedings

Rule 726. Judgment of Non-suit

Amended January 1, 2026 (current)

If the plaintiff does not appear, he shall be non-suited.

Source: Tex. R. Civ. P. 726 (pdf p. 346)

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