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Rule 312.On Appeal from Justice Court

Last verified June 28, 2026

In one sentenceRule 312 provides that a judgment on appeal or certiorari from a justice court is enforced by the county or district court that rendered it, instead of being sent back to the justice court.

Full Text of Rule 312

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Judgment on appeal or certiorari from a justice court shall be enforced by the county or district court rendering the judgment.
End

Plain-English Summary

Rule 312 places enforcement of a justice-court appeal in the court that heard it. A judgment on appeal or certiorari from a justice court is enforced by the county or district court rendering the judgment. Unlike a probate appeal under Rule 311, which goes back down to the county court, the higher court here enforces its own judgment.

Frequently Asked Questions

Who enforces a judgment on appeal from a justice court in Texas?

Under Rule 312, the county or district court that rendered the judgment enforces it.

Does a justice-court appeal judgment go back down to the justice court for enforcement?

No. Rule 312 keeps enforcement with the county or district court that rendered the judgment on appeal — unlike a probate appeal under Rule 311, the case does not return to the lower court.

Does Rule 312 cover a judgment reached by certiorari as well as by appeal?

Yes. Rule 312 applies to a judgment reached on appeal or on certiorari from a justice court, and the county or district court that rendered either kind of judgment enforces it.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 312), 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: appeal from justice courtcertiorari justice courtenforced by county or district courtsmall claims appeal enforcementTRCP 312