Rule 18.When Judge Dies During Terms, Resigns or Is Disabled

Last amended December 31, 1943 · Last verified June 28, 2026

In one sentenceRule 18 keeps a court in session when its judge dies, resigns, or becomes unable to serve mid-term, holding pending motions in force until a successor qualifies or another judge is transferred in to decide them.

Full Text of Rule 18

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If the judge dies, resigns, or becomes unable to hold court during the session of court duly convened for the term, and the time provided by law for the holding of said court has not expired, such death, resignation, or inability on the part of the judge shall not operate to adjourn said court for the term, but such court shall be deemed to continue in session. If a successor to such judge shall qualify and assume office during the term, or if a judge be transferred to said district from some other judicial district, he may continue to hold said court for the term provided, and all motions undisposed of shall be heard and determined by him, and statements of facts and bills of exception shall be approved by him. If the time for holding such court expires before a successor shall qualify, and before a judge can be transferred to said district from some other judicial district, then all motions pending, including those for new trial, shall stand as continued in force until such successor has qualified and assumed office, or a judge has been transferred to said district who can hold said court, and thereupon such judge shall have power to act thereon at the succeeding term, or on an earlier day in vacation, on notice to all parties to the motion, and such orders shall have the same effect as if rendered in term time. The time for allowing statement of facts and bills of exception from such orders shall date from the time the motion was decided.

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Plain-English Summary

Rule 18 prevents a gap in the court when the judge cannot continue. If the judge dies, resigns, or becomes unable to hold court during a term, the court does not adjourn; it is treated as still in session.

A successor who qualifies during the term, or a judge transferred from another district, may keep holding court, hear the undisposed motions, and approve statements of facts and bills of exception. If the term ends first, all pending motions — including motions for new trial — stand continued in force until a successor qualifies or a judge is transferred who can act on them, with notice to the parties.

Frequently Asked Questions

What happens to a Texas case if the judge dies or resigns mid-term?

The court does not adjourn. Pending motions stay in force until a successor qualifies or another judge is transferred in to decide them.

Do pending motions survive the judge's departure?

Yes. All pending motions, including motions for new trial, stand continued in force until a qualified judge can act. If a successor qualifies before the term's holding period expires, that judge hears and decides them directly; only if the term expires first does the rule require notice to all parties before the new judge rules.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 18), 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: judge dies resigns or is disabledjudge disabilitysuccessor judgecourt continues in sessionTRCP 18