Rule 21b.Sanctions for Failure to Serve or Deliver Copy of Pleadings and Motions
Last verified June 28, 2026
Full Text of Rule 21b
Notes and Comments
Comment to 1990 change: New rule. Repealed provisions of Rule 73, to the extent same are to remain operative, are moved to this new Rule 21b to provide sanctions for the failure to serve any filed documents on all parties.
Plain-English Summary
Rule 21b backs up the service requirements with a penalty. If a party does not serve or deliver copies of a pleading, motion, or other application as Rules 21 and 21a require, the court may impose an appropriate sanction. The sanctions it can draw on are those listed in Rule 215 for discovery abuse.
The court acts in its discretion, and only after notice and a hearing.
Frequently Asked Questions
What happens if a party doesn't serve copies in Texas?
Under Rule 21b, the court may impose a sanction after notice and a hearing. The available sanctions are those in Rule 215.
Does the court have to hold a hearing before sanctioning a party under Rule 21b?
Yes. Rule 21b requires notice and a hearing before the court imposes a sanction for failing to serve or deliver copies of a pleading, plea, motion, or other application for a court order.
Where did Rule 21b come from?
It dates to 1990, when the sanction provisions once found in Rule 73 were moved into a new rule of their own, giving failures to serve filed documents a dedicated remedy under Rule 21b.