Rule 248.Jury Cases
Last amended September 1, 1990 · Last verified June 28, 2026
Full Text of Rule 248
Notes and Comments
Comment to 1990 change: To encourage resolution of matters prior to trial.
Plain-English Summary
Rule 248 keeps the jury from waiting on legal wrangling. When a jury has been demanded, the court should, as far as practicable, hear and determine questions of law, motions, exceptions to the pleadings, and other unresolved pending matters before the trial commences. Jurors are summoned to appear on the day designated for trial.
Frequently Asked Questions
When are pretrial motions decided in a Texas jury case?
Before trial, as far as practicable. Rule 248 has the court resolve questions of law, motions, and exceptions to the pleadings before the jury trial begins.
Is a Texas court required to resolve every pending motion before a jury trial starts?
Not always. Rule 248 asks the court to decide questions of law, motions, and exceptions to the pleadings before trial 'as far as practicable' — a standard that leaves room for matters that cannot be resolved before the trial date.
Why does Rule 248 push pretrial matters ahead of the jury trial?
To keep jurors from waiting around. The comment to the 1990 change explains that resolving legal and pleading disputes before trial lets jurors summoned for the trial date get straight to hearing evidence.