Rule 233.Number of Peremptory Challenges

Last amended April 1, 1984 · Last verified June 28, 2026

In one sentenceRule 233 gives each party six peremptory challenges in district court and three in county court, and in multi-party cases lets the court align the parties by side and equalize the strikes so no side gains an unfair advantage.

Full Text of Rule 233

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Except as provided below, each party to a civil action is entitled to six peremptory challenges in a case tried in the district court, and to three in the county court.

Alignment of the Parties. In multiple party cases, it shall be the duty of the trial judge to decide whether any of the litigants aligned on the same side of the docket are antagonistic with respect to any issue to be submitted to the jury, before the exercise of peremptory challenges.

Definition of Side. The term "side" as used in this rule is not synonymous with "party," "litigant," or "person." Rather, "side" means one or more litigants who have common interests on the matters with which the jury is concerned.

Motion to Equalize. In multiple party cases, upon motion of any litigant made prior to the exercise of peremptory challenges, it shall be the duty of the trial judge to equalize the number of peremptory challenges so that no litigant or side is given unfair advantage as a result of the alignment of the litigants and the award of peremptory challenges to each litigant or side. In determining how the challenges should be allocated the court shall consider any matter brought to the attention of the trial judge concerning the ends of justice and the elimination of an unfair advantage.

End

Plain-English Summary

Rule 233 sets the number of peremptory strikes: six per party in district court and three in county court. The harder problem is multi-party cases, and the rule addresses it in three steps.

First, before strikes are made, the trial judge must decide whether any litigants on the same side of the docket are antagonistic on an issue the jury will decide. Second, the rule defines “side” not as a single party but as one or more litigants with common interests on the matters before the jury. Third, on a litigant's motion made before strikes, the judge must equalize the number of peremptory challenges so that no litigant or side gains an unfair advantage from how the parties line up.

Frequently Asked Questions

How many peremptory challenges does each side get in Texas?

Six per party in district court and three in county court under Rule 233. In multi-party cases the court may realign the parties and equalize the strikes.

What is a motion to equalize peremptory challenges?

It is a request, made before strikes, asking the judge to balance the number of peremptory challenges among multiple parties or sides so that no one gains an unfair advantage from the alignment.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 233), 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: number of peremptory challengessix peremptory challengesmotion to equalizealignment of partiesTRCP 233