What Are the Texas Rules of Civil Procedure?

Nov 19 2018 | posted by LORR Team

The Texas Rules of Civil Procedure set forth the standards by which civil lawsuits must proceed in the state of Texas. They govern everything from how court papers must be served to how attorneys can go about discovering and entering evidence. They also outline the general flow of how a civil case must proceed in the state.

According to the Texas Rules of Civil Procedure, there are three phases of civil litigation in Texas. These include:

  1. Pre-trial. The pre-trial phase includes the initial filing of the petition, serving the appropriate parties, and allowing the defendant or witnesses to respond. Once these steps have been taken, parties can move into the discovery period, requesting information from the other party, as well as from witnesses and other experts.

    The pre-trial period can also include filing any motions and requests, such as a request for a jury. Dismissals and settlements, if either party chooses to seek one, are also handled in the pre-trial phase.

  2. Trial. During the trial phase, there will either be a hearing (in uncontested cases) or a full trial (in contested ones).

    This is also the phase in which all facts, evidence, and objections may be presented to the court. At the end of the trial phase, the court will issue a ruling.

  3. Post-trial. In the post-trial phase, the parties will either need to comply with the court’s ruling — as well as any deadlines for that compliance established in the court order — or move to appeal the court’s decision.

    In an appeal, an appellate court will review the court proceedings and either change the previous court’s decision or permit a second trial.

There are hundreds of pages contained in the Texas Rules of Civil Procedure, so make sure you have a legal expert on your side should you find yourself involved in a civil suit. Need assistance creating legal videos, photos, or evidence boards for your case? Contact LORR today.