Rule 815.Substantive Rights Unaffected
Last verified June 28, 2026
Full Text of Rule 815
Plain-English Summary
Rule 815 draws the line between procedure and substance. These rules set how a civil action is conducted; they do not add to or take away the substantive rights or obligations the parties bring to the case. A rule of procedure cannot quietly change what the law entitles a party to — only how that entitlement is pursued.
Frequently Asked Questions
Can the Texas Rules of Civil Procedure change a party's substantive rights?
No. They govern procedure only and may not be read to enlarge or diminish any substantive right or obligation (Rule 815).
What counts as a substantive right under Rule 815?
Rule 815 does not define the term, but the distinction is basic to civil procedure: a substantive right is what the law entitles a party to recover or owe, while a procedural rule is the mechanism for pursuing or defending that entitlement in court. Rule 815 confines itself to the mechanism.
What happens if a procedural rule seems to take away a party's rights?
Rule 815 requires courts to read the rules of procedure so they do not enlarge or diminish any party's substantive rights or obligations. A rule that appeared to change an underlying right would have to give way to that right.