Last amended January 1, 1984 · Last verified June 28, 2026
In one sentenceRule 821 makes these rules supreme over earlier court rules, repealing all prior rules of general application while preserving a particular court's local rules that merely regulated its own procedure, so long as they do not conflict.
Full Text of Rule 821
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These rules shall supersede all Court Rules heretofore promulgated for any court; and all of said prior Court Rules are hereby repealed; provided, however, any rules or procedure heretofore adopted by a particular county or district court or by any Court of Appeals which were not of general application but were solely to regulate procedure in the particular court promulgating such rules are to remain in force and effect insofar as they are not inconsistent with these rules.
End
Plain-English Summary
Rule 821 cleared the field in 1941. These rules superseded and repealed all court rules promulgated before them. The one exception: rules a particular county, district, or appellate court had adopted solely to govern procedure in that court — not rules of general application — remain in force to the extent they do not conflict with these rules.
Frequently Asked Questions
What happened to court rules that existed before 1941?
They were repealed, except a court's own local rules that merely regulated its own procedure, which survive where consistent with these rules (Rule 821).
Did local court rules survive the 1941 repeal?
Some did. Rule 821 preserves rules a particular county, district, or appellate court had adopted only to regulate its own procedure — not rules of general application — as long as they do not conflict with these rules.
What is the difference between a repealed court rule and a surviving local rule under Rule 821?
A repealed rule was one of general application, meant to govern courts broadly. A surviving local rule was adopted by a single court solely to run its own docket. Rule 821 struck down the first kind and kept the second, where consistent with these rules.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 821), 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Also known as:prior court rules superseded and repealedTRCP 821local court rules survived 1941 repealTRCP supersedes prior court rulesRule 821 repeal of old rules of court