Rule 217.Oath of Inability
Last verified June 28, 2026
Full Text of Rule 217
Plain-English Summary
Rule 217 keeps the jury right open to those who cannot pay for it. A party who files, within the time for the jury deposit, an affidavit stating that they are unable to make the deposit and cannot obtain the money by pledging property or otherwise, does not have to pay the fee. The court then orders the clerk to enter the case on the jury docket.
Frequently Asked Questions
What if you cannot afford the jury fee in Texas?
File an oath of inability under Rule 217 within the time for the jury deposit, stating that you cannot pay the fee or raise the money by pledging property. The court will place the case on the jury docket without the fee.
What must the oath of inability state under Rule 217?
It must state that the party is unable to make the jury fee deposit and cannot get the money needed by pledging property or by any other means. The affidavit must be filed with the clerk within the same time allowed for making the deposit itself.
What happens after you file an oath of inability under Rule 217?
The court orders the clerk to enter the case on the jury docket, the same as if the fee had been paid. The affidavit takes the place of the deposit rather than excusing the case from the jury docket.