Last amended January 1, 1988 · Last verified June 28, 2026
In one sentenceRule 267 lets either party invoke “the Rule,” swearing witnesses and removing them from the courtroom so they cannot hear other testimony, with limited exceptions and contempt for violations.
(a)At the request of either party, in a civil case, the witnesses on both sides shall be sworn and removed out of the courtroom to some place where they cannot hear the testimony as delivered by any other witness in the cause. This is termed placing witnesses under the rule.
(b)This rule does not authorize exclusion of (1) a party who is a natural person or the spouse of such natural person, or (2) an officer or employee of a party that is not a natural person and who is designated as its representative by its attorney, or (3) a person whose presence is shown by a party to be essential to the presentation of the cause.
(c)If any party be absent, the court in its discretion may exempt from the rule a representative of such party.
(d)Witnesses, when placed under Rule 614 of the Texas Rules of Civil Evidence, shall be instructed by the court that they are not to converse with each other or with any other person about the case other than the attorneys in the case, except by permission of the court, and that they are not to read any report of or comment upon the testimony in the case while under the rule.
(e)Any witness or other person violating such instructions may be punished for contempt of court.
End
Plain-English Summary
Rule 267 is “the Rule” on witnesses, governed by Rule 614 of the Texas Rules of Civil Evidence. At either party's request in a civil case, the witnesses on both sides are sworn and removed from the courtroom to a place where they cannot hear the testimony of other witnesses. Three categories cannot be excluded: a party who is a natural person (or that person's spouse), a designated officer or employee representing a party that is not a natural person, and a person shown to be essential to presenting the case.
Witnesses under the Rule are instructed not to discuss the case with each other or anyone else except the attorneys, and not to read or comment on the testimony while under the Rule. A witness or other person who violates the instruction may be punished for contempt.
Frequently Asked Questions
What does it mean to put witnesses “under the Rule” in Texas?
Under Rule 267, it means swearing the witnesses and excluding them from the courtroom so they cannot hear other testimony. Certain people — a party, a designated representative, and an essential person — cannot be excluded.
Can a witness who violates “the Rule” be punished in Texas?
Yes. Rule 267 allows contempt sanctions against any witness or other person who ignores the instruction not to discuss the case with anyone but the attorneys while under the Rule.
What if a party can't be in court to hear testimony under the Rule?
Rule 267 gives the court discretion to exempt a representative for a party who is absent, so someone can still follow the trial on that party's behalf even though most witnesses are excluded.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 267), 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:witnesses placed under the rulethe Rulesequestration of witnessesexclude witnessesTRCP 267