Last amended April 1, 1984 · Last verified June 28, 2026
In one sentenceRule 289 lets the court discharge a jury when it cannot agree and the parties consent, when prolonged disagreement makes agreement improbable, on calamity or accident, or when sickness reduces the jury below the required number, after which the case is reset for trial.
Full Text of Rule 289
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The jury to whom a case has been submitted may be discharged by the court when they cannot agree and the parties consent to their discharge, or when they have been kept together for such time as to render it altogether improbable that they can agree, or when any calamity or accident may, in the opinion of the court, require it, or when by sickness or other cause their number is reduced below the number constituting the jury in such court. The cause shall again be placed on the jury docket and shall again be set for trial as the court directs.
End
Plain-English Summary
Rule 289 governs ending a trial without a verdict. The court may discharge a jury to whom a case was submitted when the jurors cannot agree and the parties consent, when they have been kept together long enough to make agreement altogether improbable, when a calamity or accident requires it, or when sickness or another cause reduces their number below the number required to constitute the jury.
After a discharge, the cause is again placed on the jury docket and set for trial as the court directs.
Frequently Asked Questions
When can a Texas court declare a mistrial for a hung jury?
Under Rule 289, when the jury cannot agree and the parties consent, or when prolonged disagreement makes agreement altogether improbable. The case is then reset for trial.
Does a Texas case end permanently if the jury is discharged without a verdict?
No. Rule 289 requires the cause to be placed again on the jury docket and set for trial as the court directs after the jury is discharged.
Can a Texas court discharge a jury because of illness?
Yes. Rule 289 lets the court discharge the jury when sickness or another cause reduces its number below the number required to constitute the jury in that court.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 289), 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:discharge of juryhung jurymistrialjury cannot agreeTRCP 289