Rule 819.Procedure Continued

Last verified June 28, 2026

In one sentenceRule 819 keeps unrepealed statutory procedure alive: any Texas procedural statute not listed among the repealed articles continues as a rule of court, except where it conflicts with these rules, which then control.

Full Text of Rule 819

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All procedure prescribed by statutes of the State of Texas not specifically listed in the accompanying enumeration of repealed articles shall, insofar as the same is not inconsistent with the provisions of these rules, continue in accordance with the provisions of such statutes as rules of court. In case of inconsistency between the provisions of these rules and any statutory procedure not specifically listed as repealed, these rules shall apply.

End

Plain-English Summary

Rule 819 fills the gaps the rules did not cover. Procedural statutes that were not on the list of repealed articles stay in force and operate as rules of court. Where such a statute and these rules can stand together, both apply; where they conflict, these rules govern. The result is a single working body of procedure rather than a patchwork.

Frequently Asked Questions

Did the 1941 rules repeal every procedural statute?

No. Statutes not listed as repealed continue as rules of court, but these rules control any conflict (Rule 819).

What happens when an unrepealed procedural statute conflicts with the Rules of Civil Procedure?

The rules control. Rule 819 lets unrepealed procedural statutes stand as rules of court, but only to the extent they do not conflict with these rules; where the two clash, these rules govern.

Do old procedural statutes that were never repealed still have legal force?

Yes, as rules of court rather than as statutes. Rule 819 carries forward any Texas procedural statute not named in the repealed-articles list, so long as it does not conflict with these rules.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 819), 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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