Rule 175.Issue of Law and Dilatory Pleas
Last verified June 28, 2026
Full Text of Rule 175
Plain-English Summary
Some preliminary matters should be cleared away before a trial on the merits begins. Rule 175 covers the case that arrives at trial with no Rule 166 pretrial conference behind it. In that situation the court must take up and decide the issues of law raised by the pleadings, along with any pleas in abatement and other dilatory pleas still hanging.
The rule removes a common stalling tactic: a party cannot put off the legal questions just because it is not yet ready to try the facts.
Frequently Asked Questions
What are dilatory pleas in a Texas lawsuit?
They are threshold objections — such as a plea in abatement — that can delay or derail a case before the merits, often by pointing to a defect in how or where the suit was brought. Rule 175 has the court resolve them early when there has been no pretrial hearing.
When must a Texas court resolve pending legal issues before trial?
When the case is called for trial and there was no Rule 166 pretrial hearing beforehand. Rule 175 requires the court to take up and determine any unresolved issues of law, pleas in abatement, and other dilatory pleas before the trial proceeds.
Can a party put off a ruling on legal issues by saying it is not ready on the facts?
No. Rule 175 says a party's lack of readiness to try the facts is no reason to postpone the trial of the issues of law. The court decides those pending legal questions regardless.