In one sentenceRule 504.2 sets how a justice-court jury is chosen — drawing and swearing a panel, allowing questioning and challenges for cause, giving each party up to three peremptory strikes, and seating the first six remaining jurors.
(a)Drawing Jury and Oath. If no method of electronic draw has been implemented, the judge must write the names of all prospective jurors present on separate slips of paper as nearly alike as may be, place them in a box, mix them well, and then draw the names one by one from the box. The judge must list the names drawn and deliver a copy to each of the parties or their attorneys.
(b)Oath. After the draw, the judge must swear the panel as follows: “You solemnly swear or affirm that you will give true and correct answers to all questions asked of you concerning your qualifications as a juror.”
(c)Questioning the Jury. The judge, the parties, or their attorneys will be allowed to question jurors as to their ability to serve impartially in the trial but may not ask the jurors how they will rule in the case. The judge will have discretion to allow or disallow specific questions and determine the amount of time each side will have for this process.
(d)Challenge for Cause. A party may challenge any juror for cause. A challenge for cause is an objection made to a juror alleging some fact, such as a bias or prejudice, that disqualifies the juror from serving in the case or that renders the juror unfit to sit on the jury. The challenge must be made during jury questioning. The party must explain to the judge why the juror should be excluded from the jury. The judge must evaluate the questions and answers given and either grant or deny the challenge. When a challenge for cause has been sustained, the juror must be excused.
(e)Challenges Not for Cause. After the judge determines any challenges for cause, each party may select up to 3 jurors to excuse for any reason or no reason at all. But no prospective juror may be excused for membership in a constitutionally protected class.
(f)The Jury. After all challenges, the first 6 prospective jurors remaining on the list constitute the jury to try the case.
(g)If Jury Is Incomplete. If challenges reduce the number of prospective jurors below 6, the judge may direct the sheriff, constable, or clerk to summon others and allow them to be questioned and challenged by the parties as before, until at least 6 remain.
(h)Jury Sworn. When the jury has been selected, the judge must require them to take substantially the following oath: “You solemnly swear or affirm that you will render a true verdict according to the law and the evidence presented.”
End
Plain-English Summary
Rule 504.2 governs jury selection. The judge draws and swears a panel, and the judge, parties, or their attorneys may question the jurors about their ability to serve. A party may challenge a juror for cause for a stated reason; after the judge rules on those, each party may strike up to three jurors for any reason or no reason at all. But no prospective juror may be struck for membership in a constitutionally protected class.
The first six prospective jurors remaining then make up the jury. If challenges leave fewer than six, the judge may have more drawn. Once selected, the jury takes the oath the rule prescribes.
Frequently Asked Questions
How many jurors are on a justice court jury in Texas?
Six. Under Rule 504.2, after challenges the first six remaining prospective jurors make up the jury.
How many peremptory strikes does each side get in justice court?
Up to three jurors each, for any reason or no reason at all, though a party may not strike a juror for membership in a constitutionally protected class (Rule 504.2).
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 504.2), 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
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