Texas Rules of Civil Procedure (TRCP) Primer

The Texas Rules of Civil Procedure (TRCP) govern nearly every stage of civil litigation in Texas state courts—from filing suit to final judgment and appeal. Whether you are a practicing attorney, a law student, or a self-represented litigant, understanding these rules is essential to navigating Texas civil cases effectively.

The TRCP are promulgated and maintained by the Supreme Court of Texas and apply to most civil matters in district and county courts across the state.

Overview of the Texas Rules of Civil Procedure

The Texas Rules of Civil Procedure are organized by subject matter and procedural stage. At a 30,000 foot level, they address general principles and court administration, then move into rules governing how cases are filed and served. From there, they address pleadings and motions, which define the issues in dispute, followed by discovery and pretrial procedures that control how evidence is exchanged and cases are prepared for trial. The rules then shift to trial procedures and judgments, explaining how cases are tried and decided. Finally, special provisions apply to justice courts and smaller cases.

These rules are designed to promote fairness, efficiency, and consistency in Texas civil proceedings.

General Rules (Rules 1–14b)

The General Rules establish the foundation for civil practice in Texas.

Key Rules in This Section

Rule 1 – Objective of Rules
Rule 1 states that the rules exist to obtain “a just, fair, equitable and impartial adjudication” of rights. Courts often rely on this rule when exercising discretion.

Rule 3a – Local Rules and Standing Orders
This rule governs how local rules and standing orders are adopted and enforced, helping ensure uniformity across counties and courts.

Rule 4 – Computation of Time
Rule 4 explains how to calculate deadlines, including how weekends and holidays affect filing periods.

Rule 11 – Agreements of Attorneys
Rule 11 requires most agreements between counsel to be in writing and filed or made in open court.

Rule 13 – Sanctions for Groundless Pleadings
This rule authorizes sanctions for pleadings filed in bad faith or without legal or factual basis.

These rules guide courts in managing cases and enforcing professional standards.

Institution of Suits and Citation (Rules 15–125)

This section governs how lawsuits are filed and how parties are brought before the court.

Commonly Used Rules

• Rule 15 – Venue
  Rule 15 controls where a lawsuit may be filed and is central to venue disputes.
• Rule 22 – Commencement of Suit
  A civil action begins when a petition is filed with the clerk.
• Rule 99 – Issuance of Citation
  Rule 99 sets out requirements for issuing citation to notify defendants of a lawsuit.
• Rule 106 – Method of Service
  This rule governs traditional service, substituted service, and alternative service methods.

Proper service under these rules is essential to establishing personal jurisdiction and avoiding default judgment challenges.

Pleadings and Motions (Rules 45–98)

These rules regulate how parties present claims, defenses, and requests for relief.

Important Pleading Rules

• Rule 47 – Claims for Relief
  Rule 47 specifies what must be included in a pleading, including jurisdictional statements and damage ranges.
• Rule 57 – Signing of Pleadings
  Attorneys and parties must sign pleadings, certifying that they are filed in good faith.
• Rules 62–65 – Amended and Supplemental Pleadings
  These rules govern when and how parties may amend pleadings.
• Rule 91a – Dismissal of Baseless Causes of Action
  Rule 91a allows early dismissal of claims that have no basis in law or fact.

Mastery of these rules is critical for drafting effective petitions, answers, and motions.

Pretrial Procedures and Discovery (Rules 166–215)

Discovery and pretrial practice are governed primarily by Rules 166 through 215. This is one of the most heavily litigated sections of the TRCP.

Major Discovery and Pretrial Rules

• Rule 166 – Pretrial Conferences
  Authorizes courts to conduct conferences to streamline issues and manage trial preparation.
• Rule 166a – Summary Judgment
  One of the most important procedural rules, governing traditional and no-evidence summary judgment motions.
• Rule 190 – Discovery Control Plans
  Establishes Levels 1, 2, and 3 discovery limits based on case type and amount in controversy.
• Rule 192 – Scope of Discovery
  Defines what information is discoverable and sets proportionality standards.
• Rule 196 – Requests for Production
  Governs requests for documents, tangible things, and electronic data.
• Rule 200 – Depositions on Written Questions
  Allows depositions without oral examination, commonly used for records custodians.

These rules shape how evidence is developed and often determine the trajectory of litigation.

Trial Procedures and Judgments (Rules 265–330)

Once a case reaches trial, these rules govern courtroom procedure and verdicts.

Notable Trial Rules

• Rule 265 – Order of Proceedings
  Sets the sequence of trial events, including openings, evidence, and closings.
• Rule 268 – Motion for Instructed Verdict
  Allows parties to seek judgment as a matter of law during trial.
• Rule 277 – Jury Charge
  Controls how questions and instructions are submitted to the jury.
• Rule 301 – Judgments
  Authorizes courts to render judgment consistent with verdicts and rulings.

Understanding these provisions is essential for trial preparation and preserving error.

Special Procedures and Justice Court Rules (Rules 500–510)

Not all civil cases in Texas follow the same procedural path. Certain matters are handled in justice courts, which operate under a streamlined set of rules designed to prioritize accessibility and cost efficiency along with judicial efficiency.

Rules 500 through 510 govern proceedings in justice courts, including small claims cases, eviction actions, debt collection suits, and repair-and-remedy disputes. These cases frequently involve self-represented parties, and the rules reflect that reality by simplifying filing requirements, reducing formal pleading standards, and limiting discovery.

Although justice court procedures are simplified, they are not informal in the sense of being optional or advisory. Parties must still comply with filing requirements, service rules, and appeal deadlines. Appeals from justice courts to county courts are governed by specific procedural rules that differ from standard appellate practice and must be followed precisely.

Additional Justice Court Provisions (Rules 581–588)

These rules address appeals and procedural matters specific to justice courts.

Practitioners handling landlord-tenant disputes or low-dollar claims must be familiar with these sections.

Texas Judicial Branch Updates

The  the most current version approved by the Supreme Court of Texas is published by the Texas Judicial Branch. Attorneys and litigants should always consult the official version because procedural rules are periodically amended. Texas legal professionals may also look to O’Connor’s Texas Rules * Civil Trials for rule annotations, case law, and practical guidance. While the Texas Rules themselves control, secondary sources like O’Connor’s can be valuable tools for understanding how courts apply those rules in practice.

Why Understanding the TRCP Matters

The Texas Rules of Civil Procedure directly affect all stages of Texas litigation:

• Jurisdiction and venue
• Filing deadlines
• Discovery rights and limits
• Summary judgment practice
• Trial presentation
• Appellate preservation

Missing a deadline under Rule 4, failing to comply with Rule 196, or misunderstanding Rule 166a can have case-dispositive consequences. A working knowledge of these rules is necessary for effective practice in Texas civil courts. Therefore, if you regularly practice in Texas courts, keeping these rules close at hand and revisiting them often is one of the most valuable habits you can develop.