Rule 220.Withdrawing Cause from Jury Docket

Last amended January 1, 1971 · Last verified June 28, 2026

In one sentenceRule 220 stops a party who paid the jury fee from pulling the case off the jury docket over an adverse party's objection, and treats a failure to appear for trial as a waiver of the jury right.

Full Text of Rule 220

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When any party has paid the fee for a jury trial, he shall not be permitted to withdraw the cause from the jury docket over the objection of the parties adversely interested. If so permitted, the court in its discretion may by an order permit him to withdraw also his jury fee deposit. Failure of a party to appear for trial shall be deemed a waiver by him of the right to trial by jury.

End

Plain-English Summary

Once a party has paid for a jury, it cannot change course on its own. Rule 220 bars a party who paid the jury fee from withdrawing the case from the jury docket over the objection of an adverse party. If the court does permit the withdrawal, it may in its discretion let that party also take back the fee deposit. A party who fails to appear for trial is treated as having waived the right to a jury.

Frequently Asked Questions

Can you withdraw a jury request in Texas?

Not over an adverse party's objection once the jury fee is paid. If the court allows withdrawal, it may let the withdrawing party recover the fee deposit. Failing to appear for trial waives the jury.

Can you get your jury fee back if you withdraw your jury request?

Only if the court allows the withdrawal in the first place, and even then only if the court's order specifically lets you take back the fee deposit. Rule 220 leaves both decisions to the court's discretion.

What counts as waiving your right to a jury trial in Texas?

Under Rule 220, failing to appear for trial waives the jury right. The rule treats a no-show the same as if the party had never requested a jury in the first place.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 220), 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: withdraw jury demandwaiver of juryjury fee refundTRCP 220