Rule 222.When Challenge Is Sustained

Last verified June 28, 2026

In one sentenceRule 222 says that if a challenge to the array is sustained, the whole panel is discharged and new jurors are summoned, and the official whose misconduct caused the problem may not summon the replacements.

Full Text of Rule 222

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If the challenge be sustained, the array of jurors summoned shall be discharged, and the court shall order other jurors summoned in their stead, and shall direct that the sheriff or clerk who summoned the persons so discharged, and on account of whose misconduct the challenge has been sustained, shall not summon any other jurors in the case.

End

Plain-English Summary

Rule 222 supplies the remedy when a Rule 221 challenge succeeds. The court discharges the entire array of summoned jurors and orders other jurors summoned in their place. To keep the problem from repeating, the officer or clerk whose misconduct led to the sustained challenge is barred from summoning the replacements.

Frequently Asked Questions

What happens when a challenge to the array is sustained in Texas?

Under Rule 222, the summoned panel is discharged and new jurors are summoned, and the official whose misconduct caused the challenge cannot summon the replacement jurors.

Does the officer who caused a sustained challenge get to summon the new panel?

No. Rule 222 bars the officer or clerk whose misconduct led to the sustained challenge from summoning the replacement jurors, so a different official handles the second round.

What happens to the discharged jurors after a challenge to the array succeeds?

They are dismissed as a group. Rule 222 discharges the entire array once the challenge is sustained, and the court orders a fresh set of jurors summoned to replace them.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 222), 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 sustaineddischarge jury panelnew panelTRCP 222