Rule 139.On Appeal and Certiorari

Last verified June 28, 2026

In one sentenceRule 139 allocates appellate and lower-court costs according to whether the higher court's judgment is larger or smaller than the original judgment.

Full Text of Rule 139

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When a case is appealed, if the judgment of the higher court be against the appellant, but for less amount than the original judgment, such party shall recover the costs of the higher court but shall be adjudged to pay the costs of the court below; if the judgment be against him for the same or a greater amount than in the court below, the adverse party shall recover the costs of both courts. If the judgment of the court above be in favor of the party appealing and for more than the original judgment, such party shall recover the costs of both courts; if the judgment be in his favor, but for the same or a less amount than in the court below, he shall recover the costs of the court below, and pay the costs of the court above.

End

Plain-English Summary

Rule 139 splits costs between courts on appeal. The allocation depends on how the higher court's judgment compares to the original. If the higher court's judgment is against the appellant but for a smaller amount than the original judgment, the appellant recovers the higher court's costs but pays the lower court's; if the judgment against the appellant is the same or greater, the other side recovers the costs of both courts. If the appellant wins a larger judgment than below, it recovers the costs of both courts; if it wins the same or less, it recovers the lower court's costs and pays the higher court's.

Frequently Asked Questions

Who pays appellate costs in Texas?

Under Rule 139, it depends on whether the higher court's judgment is larger or smaller than the original — the rule allocates the costs of each court accordingly.

What happens to costs if the appellant loses on appeal by the same or a larger amount?

Under Rule 139, the other side recovers the costs of both the trial court and the court above.

What happens to costs if the appellant wins a larger judgment on appeal?

Under Rule 139, the appellant recovers the costs of both courts.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 139), 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: on appeal and certiorariappellate costscertiorariTRCP 139