In one sentenceRule 506.4 lets a party who did not appeal seek review of a justice-court judgment by writ of certiorari from the county court, filed within 90 days on a sworn showing of no jurisdiction or an injustice not caused by the party's own fault, leading to a trial de novo.
(a)Application. After final judgment in a case tried in justice court, a party may apply to the county court for a writ of certiorari.
(b)Grounds. An application must be granted only if it contains a sworn statement setting forth facts showing that either:
(1)the justice court did not have jurisdiction; or
(2)the final determination of the suit worked an injustice to the applicant that was not caused by the applicant’s own inexcusable neglect.
(c)Bond, Cash Deposit, or Sworn Statement of Inability to Pay Required. If the application is granted, a writ of certiorari must not issue until the applicant has filed a bond, made a cash deposit, or filed a Statement of Inability to Afford Payment of Court Costs that complies with Rule 145.
(d)Time for Filing. An application for writ of certiorari must be filed within 90 days after the date the final judgment is signed.
(e)Contents of Writ. The writ of certiorari must command the justice court to immediately make and certify a copy of the entries in the case on the docket, and immediately transmit the transcript of the proceedings in the justice court, together with the original papers and a bill of costs, to the proper court.
(f)Clerk to Issue Writ and Citation. When the application is granted and the bond, cash deposit, or Statement of Inability to Afford Payment of Court Costs has been filed, the clerk must issue a writ of certiorari to the justice court and citation to the adverse party.
(g)Stay of Proceedings. When the writ of certiorari is served on the justice court, the court must stay further proceedings on the judgment and comply with the writ.
(h)Cause Docketed. The action must be docketed in the name of the original plaintiff, as plaintiff, and of the original defendant, as defendant.
(i)Motion to Dismiss. Within 30 days after the service of citation on the writ of certiorari, the adverse party may move to dismiss the certiorari for want of sufficient cause appearing in the affidavit, or for want of sufficient bond. If the certiorari is dismissed, the judgment must direct the justice court to proceed with the execution of the judgment below.
(j)Amendment of Bond or Oath. The affidavit or bond may be amended at the discretion of the court in which it is filed.
(k)Trial De Novo. The case must be tried de novo in the county court and judgment must be rendered as in cases appealed from justice courts. A trial de novo is a new trial in which the entire case is presented as if there had been no previous trial.
End
Plain-English Summary
Rule 506.4 is a backstop for a party who missed the ordinary appeal. After final judgment, a party may apply to the county court for a writ of certiorari. The application must be filed within 90 days after the judgment is signed and must swear to facts showing either that the justice court lacked jurisdiction or that the outcome worked an injustice not caused by the party's own inexcusable neglect, and it must be backed by a bond, deposit, or Statement of Inability.
Once granted, the writ stays the justice-court proceedings, the case is docketed in the county court, and the adverse party may move to dismiss within 30 days of being served. The case is then tried de novo.
Frequently Asked Questions
What is a writ of certiorari from justice court in Texas?
A county-court review a party may seek within 90 days when it did not appeal, on a sworn showing of no jurisdiction or an injustice not caused by its own fault (Rule 506.4); the case is then tried de novo.
What happens if the certiorari petition is denied on a motion to dismiss?
The judgment directs the justice court to proceed with executing the judgment below (Rule 506.4(i)).
Does filing for certiorari pause collection of the justice court judgment?
Yes. Once the writ is served on the justice court, Rule 506.4(g) requires the court to stay further proceedings on the judgment.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 506.4), 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:writ of certiorari justice courtcertiorarininety daysTRCP 506.4