Rule 181.Party as Witness
Last verified June 28, 2026
Full Text of Rule 181
Plain-English Summary
An opponent is not off-limits as a witness. Rule 181 lets either side put the other party on the stand and examine them, and it gives the same tools to compel that party's attendance that apply to any other witness. The opposing party can be summoned and questioned like anyone else with relevant testimony.
Frequently Asked Questions
Can you call the other side as a witness in a Texas trial?
Yes. Rule 181 lets either party examine the opposing party as a witness and compel attendance with the same process used for any other witness.
Can you compel the opposing party to appear and testify in Texas?
Yes. Rule 181 gives you the same process to compel the opposing party's attendance that applies to any other witness, so the opposing party cannot refuse to show up.
Does Rule 181 work both ways for plaintiffs and defendants?
Yes. Rule 181 lets either party to a suit examine the opposing party as a witness, so a plaintiff can call the defendant and a defendant can call the plaintiff.