Rule 138.Cost of New Trials
Last verified June 28, 2026
In one sentenceRule 138 lets the costs of a new trial either abide the final result or be taxed against the party granted the new trial, as the court directs when it grants it.
Full Text of Rule 138
The costs of new trials may either abide the result of the suit or may be taxed against the party to whom the new trial is granted, as the court may adjudge when he grants such new trial.
End
Plain-English Summary
Rule 138 handles who pays for a do-over. When the court grants a new trial, it may decide that the costs of that new trial either abide the final result of the suit or are taxed against the party to whom the new trial is granted. The court makes that call when it grants the new trial.
Frequently Asked Questions
Who pays the costs of a new trial in Texas?
Under Rule 138, the court decides when it grants the new trial — the costs may abide the final result or be taxed against the party granted the new trial.
When does the court decide who pays for a new trial under Rule 138?
At the time it grants the new trial. Rule 138 has the court make that call in the same order that grants the do-over.
What does it mean for new-trial costs to abide the result under Rule 138?
It means those costs follow whichever side wins the case in the end, rather than being assigned to either side right away.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 138), published by the Texas Judicial Branch (txcourts.gov).
Promulgated by the Supreme Court of Texas. The plain-English summary is original and draws on official sources. Last verified June 28, 2026. ·
Official source
Also known as: cost of new trialsnew trial costscosts abide the resultwho pays for a new trialTRCP 138