Rule 133.Costs of Motion
Last verified June 28, 2026
In one sentenceRule 133 lets the court grant or refuse the costs of a motion in its discretion, except where otherwise provided.
Full Text of Rule 133
The court may give or refuse costs on motions at its discretion, except where otherwise provided by law or these rules.
End
Plain-English Summary
Rule 133 leaves motion costs to the court. The court may give or refuse the costs of a motion as it sees fit, except where a law or another rule provides otherwise.
Frequently Asked Questions
Who pays the costs of a motion in Texas?
Under Rule 133, the court decides in its discretion, except where otherwise provided.
Does Rule 133 cover the costs of the whole lawsuit?
No. Rule 133 is limited to the costs tied to a single motion; the costs of the case as a whole are addressed by rules like Rule 131.
Can a statute override the court's discretion under Rule 133?
Yes. Rule 133 gives way when a law or another rule provides otherwise, so a specific statute can dictate the outcome instead of leaving it to the court.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 133), 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: costs of motionmotion costscourt discretion on costswho pays for a motionTRCP 133