Rules of Civil Procedure

1 Objective of Rules 2 Scope of Rules 3 Construction of Rules 3a Local Rules, Forms, and Standing Orders 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; 14 Affidavit by Agent 14b Return or Other Disposition of Exhibits 14c Deposit in Lieu of Surety Bond

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 21c Privacy Protection for Filed Documents 21d Appearances at Court Proceedings 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 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 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 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 103 Who May Serve 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 112 Parties to Actions Against Unknown Owners Or 113 Citation by Publication in Actions Against Unknown 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 125 Parties Responsible 126 Fee for Service of Process in a County Other Than in The

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 144 Judgment on Cost Bond 145 Payment of Costs not Required 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

166 Pre-Trial Conference 166a Summary Judgment 167 Offer of Settlement; Award of Litigation Costs 168 Permission to Appeal 169 Expedited Actions 171 Master in Chancery 172 Audit 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 191 Modifying Discovery Procedures and Limitations; 192 Permissible Discovery: Forms and Scope; Work Product; 193 Written Discovery: Response; Objection; Assertion Of 194 Required Disclosures in Suits not Governed by The 194a Requests for Disclosure in Suits Governed 195 Discovery Regarding Testifying Expert Witnesses In 196 Requests for Production and Inspection to Parties; 197 Interrogatories to Parties 198 Requests for Admissions 199 Depositions Upon Oral Examination 200 Depositions Upon Written Questions 201 Discovery in Other States and Foreign Countries for Use 202 Depositions Before Suit or to Investigate Claims 203 Signing, Certification and Use of Oral and Written 204 Physical and Mental Examination 205 Discovery from Non-Parties 215 Abuse of Discovery; Sanctions

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 226a Instructions to Jury Panel and Jury 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 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 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 306a Periods to Run from Signing of Judgment 306b Advice of Right to Appeal in Orders Certifying a Child 306c Prematurely Filed Documents 307 Exceptions, Etc., Transcript 308 Court Shall Enforce Its Decrees 308a In Suits Affecting the Parent-Child Relationship 308b Determining the Enforceability of a Judgment Or 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 329a County Court Cases 329b Time for Filing Motions 330 Rules of Practice and Procedure in Certain District

352 The Business Court Generally 353 Fees for Business Court Actions 354 Action Originally Filed in the Business Court 355 Action Removed to the Business Court 356 Action Transferred to the Business Court 357 Effect of Dismissal of an Action or Claim 358 Appearance at Business Court Proceedings 359 Making a Record 360 Written Opinions in Business Court Actions

500 General Rules 501 Citation and Service 502 Institution of Suit 503 Default Judgment; Pre-Trial Matters; Trial 504 Jury 505 Judgment; New Trial 506 Appeal 507 Administrative Rules for Judges and Court Personnel 508 Debt Claim Cases 509 Repair and Remedy Cases 510 Eviction Cases

592 Application for Writ of Attachment and Order 592a Bond for Attachment 592b Form of Attachment Bond 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 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 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 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 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 § 679b Personal Property Exemptions in Post-Judgment

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 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 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

735 Foreclosures Requiring a Court Order 736 Expedited Order Proceeding

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, 812 No Judgment by Default 813 Suit to Extinguish Lien

814 Effective Date 815 Substantive Rights Unaffected 816 Jurisdiction and Venue Unaffected 818 Reference to Former Statutes 819 Procedure Continued 820 Workers' Compensation Law 821 Prior Court Rules Repealed 822 Title