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§ 23.002.Recess

Title 2. Trial, Judgment, and Appeal · Subtitle B. Trial Matters · Chapter 23. Juror Continuance · Last amended 1987 · Last verified August 29, 2026

In one sentenceSection 23.002 requires the court to recess a civil action for a juror's religious holy day, on an uncorroborated affidavit filed before final jury selection.

Full Text of § 23.002

Text sizeJump to: (a) (b) (c)

(a)If a juror in a civil action is required to appear at a court proceeding on a religious holy day observed by the juror, the court or the court's designee shall recess the civil action until the next day the court is in session after the conclusion of the holy day.
(b)A juror seeking a recess must file with the court before the final selection of the jury an affidavit stating:
(1)the grounds for the recess; and
(2)that the juror holds religious beliefs that prohibit him from taking part in a court proceeding on the day for which the recess is sought.
(c)An affidavit filed under Subsection (b) is proof of the facts stated and need not be corroborated.
End

Plain-English Summary

The juror's entitlement, and the mechanism is deliberately light.

If a juror in a civil action is required to appear at a court proceeding on a religious holy day observed by the juror, the court or the court's designee shall recess the civil action until the next day the court is in session after the conclusion of the holy day.

"Shall" makes it mandatory, and the recess runs to the next session day after the holy day ends rather than for a fixed period.

The affidavit must be filed before the final selection of the jury, and must state the grounds for the recess and that the juror holds religious beliefs prohibiting participation in a court proceeding on that day.

The timing requirement does real work. Raising the conflict before selection lets the court and the parties plan around it — or seat a different panel — rather than discovering mid-trial that the case must pause.

Subsection (c) is the important part: the affidavit is proof of the facts stated and need not be corroborated. No letter from a religious leader, no evidence of the tenets, no inquiry into sincerity. The juror's sworn statement is sufficient.

That is a deliberate design choice. A court examining whether a juror's beliefs are genuine, or whether a faith prohibits attendance, would be doing something courts are poorly placed to do. Accepting the affidavit avoids it entirely.

Frequently Asked Questions

Can a juror get a day off for a religious holy day in Texas?

Yes. The court shall recess the civil action until the next session day after the holy day concludes.

What must the juror file?

An affidavit, before final jury selection, stating the grounds and that the juror holds religious beliefs prohibiting participation in a court proceeding that day.

Does the juror have to prove their beliefs?

No. The affidavit is proof of the facts stated and need not be corroborated.

When must it be filed?

Before the final selection of the jury.

Amendment History

  • Added by Acts 1987, 70th Leg., ch. 589, Sec. 5, eff. Aug. 31, 1987;
  • Acts 1987, 70th Leg., ch. 825, Sec. 5, eff. Sept. 1, 1987.
Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source