Rule 814.Effective Date

Last verified June 28, 2026

In one sentenceRule 814 sets the rules' effective date of September 1, 1941, and governs the transition: they apply to actions filed afterward and to further steps in pending cases, unless the court finds their application would be unworkable or unjust.

Full Text of Rule 814

Text size

These rules shall take effect on September 1st, 1941. They shall govern all proceedings in actions brought after they take effect, and also all further proceedings in actions then pending, except to the extent that in the opinion of the court their application in a particular action pending when the rules take effect would not be feasible or would work injustice, in which event the former procedure shall apply. All things properly done under any previously existing rule or statutes prior to the taking effect of these rules shall be treated as valid. Where citation or other process is issued and served in compliance with existing rules or laws prior to the taking effect of these rules, the party upon whom such citation or other process has been served shall have the time provided for under such previously existing rules or laws in which to comply therewith.

End

Plain-English Summary

Rule 814 marks the day the Texas Rules of Civil Procedure took effect — September 1, 1941. It governs the changeover. The rules reach actions brought after that date and the remaining steps in cases already pending, but a court may keep the former procedure for a pending action where applying the new rules would not be feasible or would work injustice. Anything properly done under the old rules stays valid, and a party already served keeps the response time the old law allowed.

Frequently Asked Questions

When did the Texas Rules of Civil Procedure take effect?

September 1, 1941. They govern later-filed actions and ongoing steps in pending cases, with the old procedure preserved where the new rules would work injustice (Rule 814).

Did pending lawsuits have to start over under the new rules?

No. Rule 814 carried pending actions into the new system without a restart. It applied to whatever proceedings remained to be taken, while treating everything already done under the old rules or statutes as valid.

What if applying the new rules to a pending case would have been unfair?

Rule 814 gave the court an out. If applying the rules to a case already pending would not have been feasible or would have caused injustice, the court could keep using the former procedure for that action instead.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 814), 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: Texas Rules of Civil Procedure effective date September 1 1941TRCP 814grandfather clause for pending Texas lawsuitswhen new procedural rules apply to pending casesTRCP transition from prior practice