500 - General Information

In Part V of these Rules of Civil Procedure:

• "Answer" is the written response that someone who is sued must file with the court after being served with a citation.
• "Citation" is the court-prepared document required to be served upon a party to inform the party that it has been sued.
• "Claim" is the legal theory and alleged facts that, if proven, entitle a party to relief against another party in court.
• "Clerk" is a person designated by the judge as a justice court clerk, or the judge if there is no clerk available.
• "Counterclaim" is a claim brought by a party who has been sued against the party who filed suit, for example, a defendant suing a plaintiff.
• "County court" is the county court, statutory county court, or district court in a particular county with jurisdiction over appeals of civil cases from justice court.
• "Cross-claim" is a claim brought by one party against another party on the same side of a lawsuit. For example, if a plaintiff sues two defendants, A and B, A can seek relief against B by means of a cross-claim.
• "Default judgment" is a judgment awarded to a plaintiff when the defendant fails to answer and dispute the plaintiff’s claims in the lawsuit.
• "Defendant" is someone who is sued, including a plaintiff against whom a counterclaim is filed.
• "Defense" is an assertion by a defendant that the plaintiff is not entitled to relief from the court.
• "Discovery" is the process through which parties obtain information from each other in order to prepare for trial or enforce a judgment. The term does not refer to any information that a party is entitled to under applicable law.
• "Dismissed without prejudice" means a case has been dismissed but has not been finally decided and may be refiled.
• "Dismissed with prejudice” means a case has been dismissed and finally decided and may not be refiled.
• "Judge" is a justice of the peace.
• "Judgment" is a final order by the court that states the relief, if any, a party is entitled to or must provide.
• "Jurisdiction" is the authority of the court to hear and decide a case.
• "Motion" is a request that the court make a specified ruling or order.
• "Notice" is a document prepared and delivered by the court or a party stating that something is required of the party receiving the notice.
• "Party" is a person involved in the case that is either suing or being sued, including all plaintiffs, defendants, and third parties that have been joined in the case.
• "Petition" is a formal written application stating a party’s claims and requesting relief from the court. It is the first document filed with the court to begin a lawsuit.
• "Plaintiff" is someone who sues, including a defendant who files a counterclaim.
• "Pleading" is a written document filed by a party, including a petition and an answer, that states a claim or defense and outlines the relief sought.
• "Relief" is the remedy a party requests from the court, such as the recovery of money or the return of property.
• "Serve" and "service" are delivery of citation as required by Rule 501.2, or of a document as required by Rule 501.4.
• "Sworn" means signed in front of someone authorized to take oaths, such as a notary, or signed under penalty of perjury. Filing a false sworn document can result in criminal prosecution.
• "Third party claim" is a claim brought by a party being sued against someone who is not yet a party to the case.

Small Claims Case

A small claims case is a lawsuit brought for the recovery of money damages, civil penalties, or personal property. The claim can be for no more than $20,000 excluding statutory interest and court costs but including attorney fees, if any. Small claims cases are governed by Rules 500-507 of Part V of the Rules of Civil Procedure.

Debt Claim Case

A debt claim case is a lawsuit brought to recover a debt by an assignee of a claim, a debt collector or collection agency, a financial institution, or a person or entity primarily engaged in the business of lending money at interest. The claim can be for no more than $20,000 in damages, excluding statutory interest and court costs but including attorney fees, if any. Debt claim cases in justice court are governed by Rules 500-507 and 508 of Part V of the Rules of Civil Procedure. To the extent of any conflict between Rule 508 and the rest of Part V, Rule 508 applies.

Repair & Remedy Case

A repair and remedy case is a lawsuit brought to seek judicial remedy for the alleged failure of a landlord to remedy or repair a condition as required by Chapter 92 of the Texas Property Code. The relief sought can be no more than $20,000, excluding statutory interest and court costs but including attorney fees, if any. Repair and remedy cases are governed by Rules 500-507 and 509 of Part V of the Rules of Civil Procedure. To the extent of any conflict between Rule 509 and the rest of Part V, Rule 509 applies.

Eviction Case

An eviction case is a lawsuit brought to recover possession of real property, often by a landlord against a tenant. A claim for rent may be joined with an eviction case if the amount of rent due and unpaid is not more than $20,000, including costs and attorney fees, if any. Eviction cases are governed by Rules 500-507 and 510 of Part V of the Rules of Civil Procedure. To the extent of any conflict between Rule 510 and the rest of Part V, Rule 510 applies.

Application of Other Rules

The other Rules of Civil Procedure and the Rules of Evidence does not apply except:

1. When the judge hearing the case determines that a particular rule must be followed to ensure that the proceedings are fair to all parties; or
2. When otherwise specifically provided by law or these rules.

Examination of Rules

The court must make the Rules of Civil Procedure and the Rules of Evidence available for examination, either in paper form or electronically, during the court’s business hours.

Representation of an Individual

An individual may:

1. Represent himself or herself;
2. Be represented by an authorized agent in an eviction case; or
3. Be represented by an attorney.

Representation of a Corporation or Other Entity

A corporation or other entity may:

1. Be represented by an employee, owner, member, officer, or partner of the entity who is not an attorney;
2. Be represented by a property manager or other authorized agent in an eviction case; or
3. Be represented by an attorney.

Assisted Representation

The court may, for good cause, allow an individual representing himself or herself to be assisted in court by a family member or other individual who is not being compensated.

Computation of Time

To compute a time period in these rules:

1. Exclude the day of the event that triggers the period;
2. Count every day, including Saturdays, Sundays, and legal holidays; and
3. Include the last day of the period, but
   1. If the last day is a Saturday, Sunday, or legal holiday, the time period is extended to the next day that is not a Saturday, Sunday, or legal holiday; or
   2. If the last day for filing falls on a day during which the court is closed before 5 pm, the time period is extended to the court’s next business day.

Timely Filing by Mail

Any document required to be filed by a given date is considered timely filed if deposited in the U.S. mail on or before that date, and received within 10 days of the due date. A legible postmark affixed by the United States Postal Service is evidence of the date of mailing.

Extensions

The judge may, for good cause shown, extend any time period under these rules except those relating to new trial and appeal.

In order to develop the facts of the case, a judge may question a witness or party and may summon any person or party to appear as a witness when the judge considers it necessary to ensure a correct judgment and a speedy disposition.

At a party’s request, or on its own initiative, the court must order witnesses excluded so that they cannot hear the testimony of other witnesses. This rule does not authorize the exclusion of:

1. A party who is a natural person or the spouse of such natural person;
2. An officer or employee designated as a representative of a party who is not a natural person; or
3. A person whose presence is shown by a party to be essential to the presentation of the party’s case.

Use

A subpoena may be used by a party or the judge to command a person or entity to attend and give testimony at a hearing or trial. A person may not be required by subpoena to appear in a county that is more than 150 miles from where the person resides or is served.

Who Can Issue

A subpoena may be issued by the clerk of the justice court or an attorney authorized to practice in the State of Texas, as an officer of the court.

Form

Every subpoena must be issued in the name of the "State of Texas" and must:

1. State the style of the suit and its case number;
2. State the court in which the suit is pending;
3. State the date on which the subpoena is issued;
4. Identify the person to whom the subpoena is directed;
5. State the time, place, and nature of the action required by the person to whom the subpoena is directed;
6. Identify the party at whose instance the subpoena is issued, and the party’s attorney of record, if any;
7. State that "Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of court from which the subpoena is issued and may be punished by fine or confinement, or both”; and
8. Be signed by the person issuing the subpoena.

Service - Where, By Whom, How

A subpoena may be served at any place within the State of Texas by any sheriff or constable of the State of Texas, or by any person who is not a party and is 18 years of age or older. A subpoena must be served by delivering a copy to the witness and tendering to that person any fees required by law. If the witness is a party and is party and is represented by an attorney of record in the proceeding, the subpoena may be served on the witness’s attorney of record. Proof of service must be made by filing either:

1. The witness’s signed written memorandum attached to the subpoena showing that the witness accepted the subpoena; or
2. A statement by the person who made the service stating the date, time, and manner of service, and the name of the person served.

Compliance Required

A person commanded by subpoena to appear and give testimony must remain at the hearing or trial from day to day until discharged by the court or by the party summoning the witness. If a subpoena commanding testimony is directed to a corporation, partnership, association, governmental agency, or other organization, and the matters on which examination is requested are described with reasonable particularity, the organization must designate one or more persons to testify on its behalf as to matters known or reasonably available to the organization.

Objection

A person commanded to attend and give testimony at a hearing or trial may object or move for a protective order before the court at or before the time and place specified for compliance. A party causing a subpoena to issue must take reasonable steps to avoid imposing undue burden or expense on the person served. In ruling on objections or motions for protection, the court must provide a person served with a subpoena an adequate time for compliance and protection from undue burden or expense. The court may impose reasonable conditions on compliance with a subpoena, including compensating the witness for undue hardship.

Enforcement

Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court from which the subpoena is issued or of a district court in the county in which the subpoena is served, and may be punished by fine or confinement, or both. A find may not be imposed, nor a person served with a subpoena attached, for failure to comply with a subpoena without proof of service and proof by affidavit of the party requesting the subpoena or the party’s attorney of record that all fees due the witness by law were paid or tendered.

Pre-Trial Discovery

Pre-trial discovery is limited to that which the judge considers reasonable and necessary. Any requests for pre-trial discovery must be presented to the court for approval by written motion. The motion must be served on the responding party. Unless a hearing is requested, the judge may rule on the motion without a hearing. The discover request must not be served on the responding party unless the judge issues a signed order approving the request. Failure to comply with a discovery order can result in sanctions, including dismissal of the case or an order to pay the other party’s discovery expenses.

Post-Judgment Discovery

Post-judgment discovery is not required to be filed with the court. The party requesting discovery must give the responding party at least 30 days to respond to a post-judgment discovery request. The responding party may file a written objection with the court within 30 days of receiving the request. If an objection is filed, the judge must hold a hearing to determine if the request is valid. If the objection is denied, the judge must order the party to respond to the request. If the objection is upheld, the judge may reform the request or dismiss it entirely.