Rule 166.Pre-Trial Conference

Last amended September 1, 2003 · Last verified June 28, 2026

In one sentenceRule 166 lets the court hold a pretrial conference to streamline a case — settling pleadings, discovery, issues, witness and exhibit lists, the jury charge, and settlement — and enter a controlling pretrial order that governs the rest of the case.

Full Text of Rule 166

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In an appropriate action, to assist in the disposition of the case without undue expense or burden to the parties, the court may in its discretion direct the attorneys for the parties and the parties or their duly authorized agents to appear before it for a conference to consider:

(a) All pending dilatory pleas, motions and exceptions;

(b) The necessity or desirability of amendments to the pleadings;

(d) Requiring written statements of the parties' contentions;

(e) Contested issues of fact and the simplification of the issues;

(f) The possibility of obtaining stipulations of fact;

(g) The identification of legal matters to be ruled on or decided by the court;

(h) The exchange of a list of direct fact witnesses, other than rebuttal or impeaching witnesses the necessity of whose testimony cannot reasonably be anticipated before the time of trial, who will be called to testify at trial, stating their address and telephone number, and the subject of the testimony of each such witness;

(i) The exchange of a list of expert witnesses who will be called to testify at trial, stating their address and telephone number, and the subject of the testimony and opinions that will be proffered by each expert witness;

(j) Agreed applicable propositions of law and contested issues of law;

(k) Proposed jury charge questions, instructions, and definitions for a jury case or proposed findings of fact and conclusions of law for a nonjury case;

(l) The marking and exchanging of all exhibits that any party may use at trial and stipulation to the authenticity and admissibility of exhibits to be used at trial;

(m) Written trial objections to the opposite party's exhibits, stating the basis for each objection;

(n) The advisability of a preliminary reference of issues to a master or auditor for findings to be used as evidence when the trial is to be by jury;

(o) The settlement of the case, and to aid such consideration, the court may encourage settlement;

(p) Such other matters as may aid in the disposition of the action.

The court shall make an order which recites the action taken at the pretrial conference, the amendments allowed to the pleadings, the time within which same may be filed, and the agreements made by the parties as to any of the matters considered, and which limits the issues for trial to those not disposed of by admissions, agreements of counsel, or rulings of the court; and such order when issued shall control the subsequent course of the action, unless modified at the trial to prevent manifest injustice. The court in its discretion may establish by rule a pretrial calendar on which actions may be placed for consideration as above provided and may either confine the calendar to jury actions or extend it to all actions.

Pretrial proceedings in multidistrict litigation may also be governed by Rules 11 and 13 of the Rules of Judicial Administration.

End

Notes and Comments

Comment to 1990 change: To broaden the scope of the rule and to confirm the ability of the trial courts at pretrial hearings to encourage settlement.

Plain-English Summary

Rule 166 is the court's tool for organizing a case before trial. In its discretion, the court may direct the parties and their attorneys to a pretrial conference to work through a long list of matters: pending pleas and motions, amendments to the pleadings, a discovery schedule, the issues of fact and law, lists of fact and expert witnesses, the jury charge or findings, the marking of exhibits and objections to them, settlement, and anything else that aids disposition. The court may encourage settlement.

The conference produces a controlling order. The court enters an order reciting what was done — the amendments allowed, the agreements made, and the issues left for trial — and that order governs the rest of the case unless modified at trial to prevent manifest injustice. Pretrial proceedings in multidistrict litigation may also be governed by the Rules of Judicial Administration.

Frequently Asked Questions

What is a pretrial conference in Texas?

Under Rule 166, a conference the court may order to streamline a case — pleadings, discovery, issues, witness and exhibit lists, the jury charge, and settlement — resulting in a controlling pretrial order that governs the rest of the case.

Is a Rule 166 pretrial conference mandatory in every Texas case?

No. Rule 166 leaves the decision to the court's discretion, in an appropriate action, to assist disposing of the case without undue expense or burden.

Can a Rule 166 pretrial order be changed once trial starts?

Yes. The pretrial order controls the rest of the case, but Rule 166 lets the court modify it at trial to prevent manifest injustice.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 166), 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: pre-trial conferencepretrial orderschedulingTRCP 166