RULE 312. ON APPEAL FROM JUSTICE COURT

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• Texas Rules of Appellate Procedure
• Texas Rules of Civil Procedure
  • PART I – GENERAL RULES
  • PART II – RULES OF PRACTICE IN DISTRICT AND COUNTY COURTS
    • [RULE 100. Repealed effective January 1, 1988]
    • [RULE 101. Repealed effective January 1, 1988]
    • [RULE 102. Repealed effective January 1, 1988]
    • [RULE 104. Repealed effective January 1, 1988]
    • [RULE 128. Repealed effective April 1, 1984]
    • [RULE 132. Repealed effective April 1, 1984]
    • [RULE 134. Repealed effective April 1, 1984]
    • [RULE 135. Repealed effective April 1, 1984]
    • [RULE 157. Repealed effective January 1, 1988]
    • [RULE 164. Repealed effective January 1, 1988]
    • [RULE 166b. Repealed effective January 1, 1999]
    • [RULE 166c. Repealed effective January 1, 1999]
    • [RULE 167a. Repealed effective January 1, 1999]
    • [RULE 170. Repealed effective April 1, 1984]
    • [RULE 176. Repealed effective January 1, 1999; see, Rule 176.3]
    • [RULE 177. Repealed effective January 1, 1999]
    • [RULE 177a. Repealed effective January 1, 1999]
    • [RULE 178. Repealed effective January 1, 1999]
    • [RULE 179. Repealed effective January 1, 1999]
    • [RULE 182. Repealed effective January 1, 1988]
    • [RULE 182a. Repealed effective January 1, 1988]
    • [RULE 184. Repealed effective September 1, 1990]
    • [RULE 184A. Repealed effective September 1, 1990]
    • [RULE 187. Repealed effective January 1, 1999]
    • [RULE 188. Repealed effective January 1, 1999]
    • [RULE 189. Repealed effective April 1, 1984]
    • [RULE 200. Repealed effective January 1, 1999; see, Rule 199.1 et seq.]
    • [RULE 201. Repealed effective January 1, 1999; see, Rules 176.6 and 199]
    • [RULE 202. Repealed effective January 1, 1999; see, Rules 199.1 and 203.6]
    • [RULE 203. Repealed effective January 1, 1999; see, Rules 176.8 and 215]
    • [RULE 204. Repealed effective January 1, 1999; see, Rule 199.5]
    • [RULE 205. Repealed effective January 1, 1999; see, Rule 203.1 et seq.]
    • [RULE 206 to 208. Repealed effective January 1, 1999]
    • [RULE 208a. Repealed effective April 1, 1984]
    • [RULE 209. Repealed effective January 1, 1999]
    • [RULE 21c. Repealed effective September 1, 1986]
    • [RULE 242. Repealed effective December 31, 1941]
    • [RULE 250. Repealed effective December 31, 1941]
    • [RULE 256. Repealed effective September 1, 1941]
    • [RULE 260. Repealed effective September 1, 1990]
    • [RULE 306d. Repealed effective April 1, 1984]
    • [RULE 323. Repealed effective January 1, 1978]
    • [RULE 325. Repealed effective January 1, 1978]
    • [RULE 328. Repealed effective January 1, 1988]
    • RULE 103. WHO MAY SERVE
    • RULE 105. DUTY OF OFFICER OR PERSON RECEIVING
    • RULE 106. METHOD OF SERVICE
    • RULE 107. RETURN OF SERVICE
    • RULE 108. SERVICE IN ANOTHER STATE
    • RULE 108a. SERVICE OF PROCESS IN FOREIGN COUNTRIES
    • RULE 109. CITATION BY PUBLICATION
    • RULE 109a. OTHER SUBSTITUTED SERVICE
    • RULE 110. EFFECT OF RULES ON OTHER STATUTES
    • RULE 111. CITATION BY PUBLICATION IN ACTION AGAINST UNKNOWN HEIRS OR STOCKHOLDERS OF DEFUNCT CORPORATIONS
    • RULE 112. PARTIES TO ACTIONS AGAINST UNKNOWN OWNERS OR CLAIMANTS OF INTEREST IN LAND
    • RULE 113. CITATION BY PUBLICATION IN ACTIONS AGAINST UNKNOWN OWNERS OR CLAIMANTS OF INTEREST IN LAND
    • RULE 114. CITATION BY PUBLICATION; REQUISITES
    • RULE 115. FORM OF PUBLISHED CITATION IN ACTIONS INVOLVING LAND
    • RULE 116. SERVICE OF CITATION BY PUBLICATION
    • RULE 117. RETURN OF CITATION BY PUBLICATION
    • RULE 117a. CITATION IN SUITS FOR DELINQUENT AD VALOREM TAXES
    • RULE 118. AMENDMENT
    • RULE 119. ACCEPTANCE OF SERVICE
    • RULE 119a. COPY OF DECREE
    • RULE 120. ENTERING APPEARANCE
    • RULE 120a. SPECIAL APPEARANCE
    • RULE 121. ANSWER IS APPEARANCE
    • RULE 122. CONSTRUCTIVE APPEARANCE
    • RULE 123. REVERSAL OF JUDGMENT
    • RULE 124. NO JUDGMENT WITHOUT SERVICE
    • RULE 125. PARTIES RESPONSIBLE
    • RULE 126. FEE FOR SERVICE OF PROCESS IN A COUNTY OTHER THAN IN THE COUNTY OF SUIT
    • RULE 127. PARTIES LIABLE FOR OTHER COSTS
    • RULE 129. HOW COSTS COLLECTED
    • RULE 130. OFFICER TO LEVY
    • RULE 131. SUCCESSFUL PARTY TO RECOVER
    • RULE 133. COSTS OF MOTION
    • RULE 136. DEMAND REDUCED BY PAYMENTS
    • RULE 137. IN ASSAULT AND BATTERY, ETC.
    • RULE 138. COST OF NEW TRIALS
    • RULE 139. ON APPEAL AND CERTIORARI
    • RULE 140. NO FEE FOR COPY
    • RULE 141. COURT MAY OTHERWISE ADJUDGE COSTS
    • RULE 142. SECURITY FOR COSTS
    • RULE 143. RULE FOR COSTS
    • RULE 143a. COSTS ON APPEAL TO COUNTY COURT
    • RULE 144. JUDGMENT ON COST BOND
    • RULE 145. PAYMENT OF COSTS NOT REQUIRED
    • RULE 146. DEPOSIT FOR COSTS
    • RULE 147. APPLIES TO ANY PARTY
    • RULE 148. SECURED BY OTHER BOND
    • RULE 149. EXECUTION FOR COSTS
    • RULE 15. WRITS AND PROCESS
    • RULE 150. DEATH OF PARTY
    • RULE 151. DEATH OF PLAINTIFF
    • RULE 152. DEATH OF DEFENDANT
    • RULE 153. WHEN EXECUTOR, ETC. DIES
    • RULE 154. REQUISITES OF SCIRE FACIAS
    • RULE 155. SURVIVING PARTIES
    • RULE 156. DEATH AFTER VERDICT OR CLOSE OF EVIDENCE
    • RULE 158. SUIT FOR THE USE OF ANOTHER
    • RULE 159. SUIT FOR INJURIES RESULTING IN DEATH
    • RULE 16. SHALL ENDORSE ALL PROCESS
    • RULE 160. DISSOLUTION OF CORPORATION
    • RULE 161. WHERE SOME DEFENDANTS NOT SERVED
    • RULE 162. DISMISSAL OR NON-SUIT
    • RULE 163. DISMISSAL AS TO PARTIES SERVED, ETC.
    • RULE 165. ABANDONMENT
    • RULE 165a. DISMISSAL FOR WANT OF PROSECUTION
    • RULE 166. PRE-TRIAL CONFERENCE
    • RULE 166a. SUMMARY JUDGMENT
    • RULE 167. OFFER OF SETTLEMENT; AWARD OF LITIGATION COSTS
    • RULE 168. PERMISSION TO APPEAL
    • RULE 169. EXPEDITED ACTIONS
    • RULE 17. OFFICER TO EXECUTE PROCESS
    • RULE 171. MASTER IN CHANCERY
    • RULE 172. AUDIT
    • RULE 173. GUARDIAN AD LITEM
    • RULE 174. CONSOLIDATION; SEPARATE TRIALS
    • RULE 175. ISSUE OF LAW AND DILATORY PLEAS
    • RULE 176. SUBPOENAS
    • RULE 18. WHEN JUDGE DIES DURING TERMS, RESIGNS OR IS DISABLED
    • RULE 180. REFUSAL TO TESTIFY
    • RULE 181. PARTY AS WITNESS
    • RULE 183. INTERPRETERS
    • RULE 185. SUIT ON ACCOUNT
    • RULE 18a. RECUSAL AND DISQUALIFICATION OF JUDGES
    • RULE 18b. GROUNDS FOR RECUSAL AND DISQUALIFICATION OF JUDGES
    • RULE 18c. RECORDING AND BROADCASTING OF COURT PROCEEDINGS
    • RULE 19. NON-ADJOURNMENT OF TERM
    • RULE 190. DISCOVERY LIMITATIONS
    • RULE 191. MODIFYING DISCOVERY PROCEDURES AND LIMITATIONS; CONFERENCE REQUIREMENT; SIGNING DISCLOSURES; DISCOVERY REQUESTS, RESPONSES, AND OBJECTIONS; FILING REQUIREMENTS
    • RULE 192. PERMISSIBLE DISCOVERY: FORMS AND SCOPE; WORK PRODUCT; PROTECTIVE ORDERS; DEFINITIONS
    • RULE 193. WRITTEN DISCOVERY: RESPONSE; OBJECTION; ASSERTION OF PRIVILEGE; SUPPLEMENTATION AND AMENDMENT; FAILURE TO TIMELY RESPOND; PRESUMPTION OF AUTHENTICITY
    • RULE 194. REQUIRED DISCLOSURES IN SUITS NOT GOVERNED BY THE FAMILY CODE
    • RULE 194a. REQUESTS FOR DISCLOSURE IN SUITS GOVERNED BY THE FAMILY CODE
    • RULE 195. DISCOVERY REGARDING TESTIFYING EXPERT WITNESSES IN SUITS NOT GOVERNED BY THE FAMILY CODE
    • RULE 195a. DISCOVERY REGARDING TESTIFYING EXPERTS IN SUITS GOVERNED BY THE FAMILY CODE
    • RULE 196. REQUESTS FOR PRODUCTION AND INSPECTION TO PARTIES; REQUESTS AND MOTIONS FOR ENTRY UPON PROPERTY
    • RULE 197. INTERROGATORIES TO PARTIES
    • RULE 198. REQUESTS FOR ADMISSIONS
    • RULE 199. DEPOSITIONS UPON ORAL EXAMINATION
    • RULE 20. MINUTES READ AND SIGNED
    • RULE 200. DEPOSITIONS UPON WRITTEN QUESTIONS
    • RULE 201. DEPOSITIONS IN FOREIGN JURISDICTIONS FOR USE IN TEXAS PROCEEDINGS; DEPOSITIONS IN TEXAS FOR USE IN FOREIGN PROCEEDINGS
    • RULE 202. DEPOSITIONS BEFORE SUIT OR TO INVESTIGATE CLAIMS
    • RULE 203. SIGNING, CERTIFICATION AND USE OF ORAL AND WRITTEN DEPOSITIONS
    • RULE 204. PHYSICAL AND MENTAL EXAMINATION
    • RULE 205. DISCOVERY FROM NON-PARTIES
    • RULE 21. FILING AND SERVING PLEADINGS AND MOTIONS
    • RULE 215. ABUSE OF DISCOVERY; SANCTIONS
    • RULE 216. REQUEST FOR JURY TRIAL
    • RULE 217. OATH OF INABILITY
    • RULE 218. JURY DOCKET
    • RULE 219. JURY TRIAL DAY
    • RULE 21a. METHODS OF SERVICE
    • RULE 21b. SANCTIONS FOR FAILURE TO SERVE OR DELIVER COPY OF PLEADINGS AND MOTIONS
    • RULE 21c. PRIVACY PROTECTION FOR FILED DOCUMENTS
    • RULE 21d. APPEARANCES AT COURT PROCEEDINGS
    • RULE 22. COMMENCED BY PETITION
    • RULE 220. WITHDRAWING CAUSE FROM JURY DOCKET
    • RULE 221. CHALLENGE TO THE ARRAY
    • RULE 222. WHEN CHALLENGE IS SUSTAINED
    • RULE 223. JURY LIST IN CERTAIN COUNTIES
    • RULE 224. PREPARING JURY LIST
    • RULE 225. SUMMONING TALESMAN
    • RULE 226. OATH TO JURY PANEL
    • RULE 226a. INSTRUCTIONS TO JURY PANEL AND JURY
    • RULE 227. CHALLENGE TO JUROR
    • RULE 228. “CHALLENGE FOR CAUSE” DEFINED
    • RULE 229. CHALLENGE FOR CAUSE
    • RULE 23. SUITS TO BE NUMBERED CONSECUTIVELY
    • RULE 230. CERTAIN QUESTIONS NOT TO BE ASKED
    • RULE 231. NUMBER REDUCED BY CHALLENGES
    • RULE 232. MAKING PEREMPTORY CHALLENGES
    • RULE 233. NUMBER OF PEREMPTORY CHALLENGES
    • RULE 234. LISTS RETURNED TO THE CLERK
    • RULE 235. IF JURY IS INCOMPLETE
    • RULE 236. OATH TO JURY
    • RULE 237. APPEARANCE DAY
    • RULE 237a. CASES REMANDED FROM FEDERAL COURT
    • RULE 238. CALL OF APPEARANCE DOCKET
    • RULE 239. JUDGMENT BY DEFAULT
    • RULE 239a. NOTICE OF DEFAULT JUDGMENT
    • RULE 24. DUTY OF CLERK
    • RULE 240. WHERE ONLY SOME ANSWER
    • RULE 241. ASSESSING DAMAGES ON LIQUIDATED DEMANDS
    • RULE 243. UNLIQUIDATED DEMANDS
    • RULE 244. ON SERVICE BY PUBLICATION
    • RULE 245. ASSIGNMENT OF CASES FOR TRIAL
    • RULE 246. CLERK TO GIVE NOTICE OF SETTINGS
    • RULE 247. TRIED WHEN SET
    • RULE 248. JURY CASES
    • RULE 249. CALL OF NON-JURY DOCKET
    • RULE 25. CLERK’S FILE DOCKET
    • RULE 251. CONTINUANCE
    • RULE 252. APPLICATION FOR CONTINUANCE
    • RULE 253. ABSENCE OF COUNSEL AS GROUND FOR CONTINUANCE
    • RULE 254. ATTENDANCE ON LEGISLATURE
    • RULE 255. CHANGE OF VENUE BY CONSENT
    • RULE 257. GRANTED ON MOTION
    • RULE 258. SHALL BE GRANTED
    • RULE 259. TO WHAT COUNTY
    • RULE 26. CLERK’S COURT DOCKET
    • RULE 261. TRANSCRIPT ON CHANGE
    • RULE 262. TRIAL BY THE COURT
    • RULE 263. AGREED CASE
    • RULE 264. VIDEOTAPE TRIAL
    • RULE 265. ORDER OF PROCEEDINGS ON TRIAL BY JURY
    • RULE 266. OPEN AND CLOSE – ADMISSION
    • RULE 267. WITNESSES PLACED UNDER RULE
    • RULE 268. MOTION FOR INSTRUCTED VERDICT
    • RULE 269. ARGUMENT
    • RULE 27. ORDER OF CASES
    • RULE 270. ADDITIONAL TESTIMONY
    • RULE 271. CHARGE TO THE JURY
    • RULE 272. REQUISITES
    • RULE 273. JURY SUBMISSIONS
    • RULE 274. OBJECTIONS AND REQUESTS
    • RULE 275. CHARGE READ BEFORE ARGUMENT
    • RULE 276. REFUSAL OR MODIFICATION
    • RULE 277. SUBMISSION TO THE JURY
    • RULE 278. SUBMISSION OF QUESTIONS, DEFINITIONS, AND INSTRUCTIONS
    • RULE 279. OMISSIONS FROM THE CHARGE
    • RULE 28. SUITS IN ASSUMED NAME
    • RULE 280. PRESIDING JUROR OF JURY
    • RULE 281. PAPERS TAKEN TO JURY ROOM
    • RULE 282. JURY KEPT TOGETHER
    • RULE 283. DUTY OF OFFICER ATTENDING JURY
    • RULE 284. JUDGE TO CAUTION JURY
    • RULE 285. JURY MAY COMMUNICATE WITH COURT
    • RULE 286. JURY MY RECEIVE FURTHER INSTRUCTIONS
    • RULE 287. DISAGREEMENT AS TO EVIDENCE
    • RULE 288. COURT OPEN FOR JURY
    • RULE 289. DISCHARGE OF JURY
    • RULE 29. SUIT ON CLAIM AGAINST DISSOLVED CORPORATION
    • RULE 290. DEFINITION AND SUBSTANCE
    • RULE 291. FORM OF VERDICT
    • RULE 292. VERDICT BY PORTION OF ORIGINAL JURY
    • RULE 293. WHEN THE JURY AGREE
    • RULE 294. POLLING THE JURY
    • RULE 295. CORRECTION OF VERDICT
    • RULE 296. REQUESTS FOR FINDINGS OF FACTS AND CONCLUSIONS OF LAW
    • RULE 297. TIME TO SEND FINDINGS OF FACT AND CONCLUSIONS OF LAW
    • RULE 298. ADDITIONAL OR AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW
    • RULE 299. OMITTED FINDINGS
    • RULE 299a FINDINGS OF FACT TO BE SEPARATELY SENT AND NOT RECITED IN A JUDGMENT
    • RULE 30. PARTIES TO SUITS
    • RULE 300. COURT TO RENDER JUDGMENT
    • RULE 301. JUDGMENTS
    • RULE 302. ON COUNTERCLAIM
    • RULE 303. ON COUNTERCLAIM FOR COSTS
    • RULE 304. JUDGMENT UPON RECORD
    • RULE 305. PROPOSED JUDGMENT
    • RULE 306. RECITATION OF JUDGMENT
    • RULE 306a. PERIODS TO RUN FROM SIGNING OF JUDGMENT
    • RULE 306b. ADVICE OF RIGHT TO APPEAL IN ORDERS CERTIFYING A CHILD TO STAND TRIAL AS AN ADULT
    • RULE 306c. PREMATURELY FILED DOCUMENTS
    • RULE 307. EXCEPTIONS, ETC., TRANSCRIPT
    • RULE 308. COURT SHALL ENFORCE ITS DECREES
    • RULE 308a. IN SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP
    • RULE 308b. DETERMINING THE ENFORCEABILITY OF A JUDGMENT OR ARBITRATION AWARD BASED ON FOREIGN LAW IN CERTAIN SUITS UNDER THE FAMILY CODE
    • RULE 309. IN FORECLOSURE PROCEEDINGS
    • RULE 31. SURETY NOT TO BE SUED ALONE
    • RULE 310. WRIT OF POSSESSION
    • RULE 311. ON APPEAL FROM PROBATE COURT
    • RULE 312. ON APPEAL FROM JUSTICE COURT
    • RULE 313. AGAINST EXECUTORS, ETC.
    • RULE 314. CONFESSION OF JUDGMENT
    • RULE 315. REMITTITUR
    • RULE 316. CORRECTION OF CLERICAL MISTAKES IN JUDGMENT RECORD
    • RULE 32. MAY HAVE QUESTION OF SURETYSHIP TRIED
    • RULE 320. MOTION AND ACTION OF COURT THEREON
    • RULE 321. FORM
    • RULE 322. GENERALITY TO BE AVOIDED
    • RULE 324. PREREQUISITES OF APPEAL
    • RULE 326. NOT MORE THAN TWO
    • RULE 327. FOR JURY MISCONDUCT
    • RULE 329. MOTION FOR NEW TRIAL ON JUDGMENT FOLLOWING CITATION BY PUBLICATION
    • RULE 329a. COUNTY COURT CASES
    • RULE 329b. TIME FOR FILING MOTIONS
    • RULE 33. SUITS BY OR AGAINST COUNTIES
    • RULE 330. RULES OF PRACTICE AND PROCEDURE IN CERTAIN DISTRICT COURTS
    • RULE 34. AGAINST SHERIFF, ETC.
    • RULE 35. ON OFFICIAL BONDS
    • RULE 36. DIFFERENT OFFICIALS AND BONDSMEN
    • RULE 37. ADDITIONAL PARTIES
    • RULE 38. THIRD-PARTY PRACTICE
    • RULE 39. JOINDER OF PERSONS NEEDED FOR JUST ADJUDICATION
    • RULE 40. PERMISSIVE JOINDER OF PARTIES
    • RULE 41. MISJOINDER OR NON-JOINDER OF PARTIES
    • RULE 42. CLASS ACTIONS
    • RULE 43. INTERPLEADER
    • RULE 44. MAY APPEAR BY NEXT FRIEND
    • RULE 45. DEFINITION AND SYSTEM
    • RULE 46. PETITION AND ANSWER; EACH ONE INSTRUMENT OF WRITING
    • RULE 47. CLAIMS FOR RELIEF
    • RULE 48. ALTERNATIVE CLAIMS FOR RELIEF
    • RULE 49. WHERE SEVERAL COUNTS
    • RULE 50. PARAGRAPHS, SEPARATE STATEMENTS
    • RULE 51. JOINDER OF CLAIMS AND REMEDIES
    • RULE 52. ALLEGING A CORPORATION
    • RULE 53. SPECIAL ACT OR LAW
    • RULE 54. CONDITIONS PRECEDENT
    • RULE 55. JUDGMENT
    • RULE 56. SPECIAL DAMAGE
    • RULE 57. SIGNING OF PLEADINGS
    • RULE 58. ADOPTION BY REFERENCE
    • RULE 59. EXHIBITS AND PLEADING
    • RULE 60. INTERVENOR’S PLEADINGS
    • RULE 61. TRIAL: INTERVENORS: RULES APPLY TO ALL PARTIES
    • RULE 62. AMENDMENT DEFINED
    • RULE 63. AMENDMENTS AND RESPONSIVE PLEADINGS
    • RULE 64. AMENDED INSTRUMENT
    • RULE 65. SUBSTITUTED INSTRUMENT TAKES PLACE OF ORIGINAL
    • RULE 66. TRIAL AMENDMENT
    • RULE 67. AMENDMENTS TO CONFORM TO ISSUES TRIED WITHOUT OBJECTION
    • RULE 68. COURT MAY ORDER REPLEADER
    • RULE 69. SUPPLEMENTAL PETITION OR ANSWER
    • RULE 70. PLEADING: SURPRISE: COST
    • RULE 71. MISNOMER OF PLEADING
    • RULE 81. DEFENSIVE MATTERS
    • RULE 82. SPECIAL DEFENSES
    • RULE 83. ANSWER; ORIGINAL AND SUPPLEMENTAL; INDORSEMENT
    • RULE 84. ANSWER MAY INCLUDE SEVERAL MATTERS
    • RULE 85. ORIGINAL ANSWER; CONTENTS
    • RULE 86. MOTION TO TRANSFER VENUE
    • RULE 87. DETERMINATION OF MOTION TO TRANSFER
    • RULE 88. DISCOVERY AND VENUE
    • RULE 89. TRANSFERRED IF MOTION IS SUSTAINED
    • RULE 90. WAIVER OF DEFECTS IN PLEADING
    • RULE 91. SPECIAL EXCEPTIONS
    • RULE 91a. DISMISSAL OF BASELESS CAUSES OF ACTION
    • RULE 92. GENERAL DENIAL
    • RULE 93. CERTAIN PLEAS TO BE VERIFIED
    • RULE 94. AFFIRMATIVE DEFENSES
    • RULE 95. PLEAS OF PAYMENT
    • RULE 96. NO DISCONTINUANCE
    • RULE 97. COUNTERCLAIM AND CROSS-CLAIM
    • RULE 98. SUPPLEMENTAL ANSWERS
    • RULE 99. ISSUANCE AND FORM OF CITATION
  • PART III – RULES OF PRACTICE IN THE BUSINESS COURT
  • PART IV – RULES OF PRACTICE FOR THE SUPREME COURT [REPEALED]
  • PART V – RULES OF PRACTICE IN JUSTICE COURTS
  • PART VI – RULES RELATING TO ANCILLARY PROCEEDINGS
  • PART VII – RULES RELATING TO SPECIAL PROCEEDINGS
  • PART VIII – CLOSING RULES
• Texas Rules of Evidence
• Texas Rules of Judicial Administration