Last amended January 1, 1978 · Last verified June 28, 2026
In one sentenceRule 265 sets the order of a jury trial — the party with the burden of proof opens with a statement and evidence, the adverse party and intervenors follow, then rebuttal — unless the court directs otherwise for good cause.
The trial of cases before a jury shall proceed in the following order unless the court should, for good cause stated in the record, otherwise direct:
(a)The party upon whom rests the burden of proof on the whole case shall state to the jury briefly the nature of his claim or defense and what said party expects to prove and the relief sought. Immediately thereafter, the adverse party may make a similar statement, and intervenors and other parties will be accorded similar rights in the order determined by the court.
(b)The party upon whom rests the burden of proof on the whole case shall then introduce his evidence.
(c)The adverse party shall briefly state the nature of his claim or defense and what said party expects to prove and the relief sought unless he has already done so.
(e)The intervenor and other parties shall make their statement, unless they have already done so, and shall introduce their evidence.
(f)The parties shall then be confined to rebutting testimony on each side.
(g)But one counsel on each side shall examine and cross-examine the same witness, except on leave granted.
End
Plain-English Summary
Rule 265 lays out the running order of a jury trial, which the court may vary only for good cause stated in the record. The party with the burden of proof on the whole case begins with a brief statement of the claim or defense, what it expects to prove, and the relief sought, then introduces its evidence. The adverse party may make a similar statement and then put on its evidence, and intervenors and other parties follow in the order the court sets. The parties are then confined to rebutting testimony. Only one counsel on each side may examine or cross-examine the same witness, except by leave of court.
Frequently Asked Questions
What is the order of a jury trial in Texas?
Under Rule 265, the party with the burden of proof opens with a statement and its evidence, followed by the adverse party and intervenors, then rebuttal — unless the court directs otherwise for good cause.
Can more than one lawyer on the same side question a witness in a Texas jury trial?
Not without permission. Rule 265(g) limits examination and cross-examination of the same witness to one counsel per side, unless the court grants leave for another lawyer to step in.
What can a party present after both sides have introduced their evidence in a Texas jury trial?
Rebuttal only. Once the parties have made their statements and introduced their evidence under Rule 265, they are confined to rebutting testimony for the rest of the evidence phase.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 265), 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:order of proceedingsorder of trialopening statementorder of evidenceTRCP 265