Rule 221.Challenge to the Array

Last verified June 28, 2026

In one sentenceRule 221 lets a party, before the jury is drawn, challenge the whole panel in writing on the ground that the officer or clerk who summoned it acted corruptly and willfully summoned biased jurors.

Full Text of Rule 221

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When the jurors summoned have not been selected by jury commissioners or by drawing the names from a jury wheel, any party to a suit which is to be tried by a jury may, before the jury is drawn challenge the array upon the ground that the sheriff or clerk summoning the jury has acted corruptly, and has wilfully summoned jurors known to be prejudiced against the party challenging or biased in favor of the adverse party. All such challenges must be in writing setting forth distinctly the grounds of such challenge and supported by the affidavit of the party or some other credible person. When such challenge is made, the court shall hear evidence and decide without delay whether or not the challenge shall be sustained.

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Plain-English Summary

Rule 221 targets a corrupted panel rather than a single juror. When the jurors were summoned by an officer or clerk — not chosen by jury commissioners or drawn from a jury wheel — a party may, before the jury is drawn, challenge the entire array. The ground is narrow and serious: that the official who summoned the jury acted corruptly and willfully summoned jurors known to be prejudiced against the challenger or biased toward the other side.

The challenge must be in writing, state the grounds distinctly, and be supported by affidavit. The court then hears evidence and decides without delay whether to sustain it.

Frequently Asked Questions

What is a challenge to the array in Texas?

It is a challenge to the entire jury panel, not one juror. Under Rule 221 it lies, before the jury is drawn, when the officer or clerk who summoned the panel acted corruptly and willfully summoned biased jurors. It must be in writing and supported by affidavit.

Who can be challenged under a challenge to the array?

The whole panel, and only in counties where jurors are summoned by a sheriff or clerk rather than selected by jury commissioners or drawn from a jury wheel. Rule 221 does not apply where the panel came from those other selection methods.

What has to be proven to sustain a challenge to the array?

That the officer or clerk who summoned the panel acted corruptly and willfully summoned jurors known to be biased against the challenging party or favorable to the other side. The court hears evidence on the challenge and decides without delay.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 221), 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: challenge to the arrayarray challengejury panel challengeTRCP 221