In one sentenceRule 510.13 covers eviction pretrial matters — a motion for a new judge, limited postponements, an optional pretrial conference, a limit on court-ordered mediation that would delay trial, and discovery limited to what the judge finds reasonable and necessary.
(a)Motion for New Judge. If a party believes it cannot get a fair trial before a specific judge, the party may file a sworn motion stating such, supported by the sworn statements of two other credible persons. Except for good cause shown, this motion must be filed at least 3 days before trial. The judge must exchange benches with another qualified judge, or if no judge is available to exchange benches, the county judge must appoint a visiting judge to hear the case. A party may apply for relief under this rule only one time in any given lawsuit.
(b)Postponing Trial; Limits. A party may file a motion requesting that the trial be postponed. The motion must state why a postponement is necessary. The judge, for good cause, may postpone any trial for a reasonable time not to exceed 7 days unless the parties agree to the postponement in writing.
(c)Pretrial Conference; Issues. If all parties have appeared in a lawsuit, the court, at any party’s request or on its own, may set a case for a pretrial conference so long as it does not delay the trial.
(d)Alternative Dispute Resolution. The court must not order mediation or any other alternative dispute resolution process if it would delay trial.
(e)Pretrial Discovery. Pretrial discovery is limited to that which the judge considers reasonable and necessary. Any requests for pretrial discovery must be presented to the court. Failure to comply with a discovery order can result in sanctions, including dismissal of the case or an order to pay the other party’s discovery expenses.
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Plain-English Summary
Rule 510.13 gathers the pretrial rules. A party who believes it cannot get a fair trial before a specific judge may move for a new judge. A party may move to postpone the trial, within limits. The court may hold a pretrial conference once all parties have appeared.
Two limits reflect eviction's speed: the court must not order mediation or other alternative dispute resolution if doing so would delay the trial, and pretrial discovery is confined to what the judge considers reasonable and necessary.
Frequently Asked Questions
Can an eviction case be sent to mediation in Texas?
Not if it would delay the trial. Rule 510.13 bars the court from ordering mediation or other alternative dispute resolution when doing so would delay the trial.
How does a party ask for a new judge in a Texas eviction case?
Rule 510.13 requires a sworn motion, supported by the sworn statements of two other credible persons, filed at least 3 days before trial absent good cause. A party may use this motion only once in a given lawsuit.
How long can an eviction trial be postponed?
Rule 510.13 lets the judge, for good cause, postpone the trial for a reasonable time not to exceed 7 days, unless the parties agree in writing to a longer postponement.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 510.13), 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:pretrial matters evictionmotion for new judgeno mediation evictioneviction discoveryTRCP 510.13