Last amended December 31, 1943 · Last verified June 28, 2026
In one sentenceRule 77 lets parties, or a single party, replace records lost or destroyed during a suit — by a written agreed statement, or by a sworn motion and court order substituting certified or substantial copies that then carry the force of the originals.
When any papers or records are lost or destroyed during the pendency of a suit, the parties may, with the approval of the judge, agree in writing on a brief statement of the matters contained therein; or either party may supply such lost records or papers as follows:
a.After three days' notice to the adverse party or his attorney, make written sworn motion before the court stating the loss or destruction of such record or papers, accompanied by certified copies of the originals if obtainable, or by substantial copies thereof.
b.If, upon hearing, the court be satisfied that they are substantial copies of the original, an order shall be made substituting such copies or brief statement for the originals.
c.Such substituted copies or brief statement shall be filed with the clerk, constitute a part of the cause, and have the force and effect of the originals.
End
Plain-English Summary
Rule 77 provides a way to rebuild a file when papers or records are lost or destroyed during a case. The parties may agree in writing, with the judge's approval, on a brief statement of what the lost materials contained. Or a single party may supply substitutes on its own.
The solo route has three steps. After three days' notice to the other side, the party files a sworn motion stating the loss and attaching certified copies of the originals if available, or substantial copies. If the court is satisfied at a hearing that the copies are substantial, it orders them substituted. The substituted copies or statement are then filed, become part of the cause, and have the force and effect of the originals.
Frequently Asked Questions
What happens if court records are lost during a Texas case?
Under Rule 77, the parties may agree on a brief statement of the contents, or a party may supply certified or substantial copies by sworn motion on three days' notice. Once the court approves them, the substitutes have the force of the originals.
How much notice must a Texas party give before replacing a lost record?
Three days. Rule 77 requires three days' notice to the adverse party or the party's attorney before filing the sworn motion to substitute lost or destroyed records or papers.
Can Texas parties agree on replacing lost records without a motion?
Yes. Rule 77 lets the parties agree in writing, with the judge's approval, on a brief statement of what the lost papers or records contained, instead of one party filing a sworn motion.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 77), 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:lost records and paperslost or destroyed recordssubstituted copiesTRCP 77