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TEXAS RULES OF CIVIL PROCEDURE / RULE 21

TRCP 21: Filing and serving pleadings and motions

Follow a document from preparation to filing, service and the court record.

A written request ordinarily requires both filing and service

Texas Rule of Civil Procedure 21(a) requires a pleading, plea, motion or application for an order, unless presented during a hearing or trial, to be filed in writing with the clerk. It must state its grounds and the requested relief. A true copy must be served on the other parties at the same time, and the request must be noted on the docket.

Notice must let participants join the proceeding

Rule 21(b) addresses notice of court proceedings, including the location or electronic joining instructions, court contact information and instructions for submitting evidence. Its general three-day notice requirement is subject to other provisions of the rules or shortening by the court.

Electronic filing has its own requirements and exceptions

Rule 21(f) covers the electronic filing requirement, permitted exceptions, timeliness, technical failures, signatures and document format. Filing and service are distinct steps: read Rule 21a for the service method. The five illustrations below follow Rule 21 from filing and notice through electronic records and corrections.

THE ILLUSTRATED RULEBOOK

Rule 21, illustrated

Texas Rule 21, illustration 1: Filing, service and notice. Subsections (a)–(e)
1. Filing, service and noticeSubsections (a)–(e)Open illustrated reader →
Texas Rule 21, illustration 2: The electronic filing pathway. Subsections (f)(1)–(4)
2. The electronic filing pathwaySubsections (f)(1)–(4)Open illustrated reader →
Texas Rule 21, illustration 3: Timely filing and technical failure. Subsections (f)(5)–(6)
3. Timely filing and technical failureSubsections (f)(5)–(6)Open illustrated reader →
Texas Rule 21, illustration 4: Signatures, format and court documents. Subsections (f)(7)–(10)
4. Signatures, format and court documentsSubsections (f)(7)–(10)Open illustrated reader →
Texas Rule 21, illustration 5: Corrections, original wills and records. Subsections (f)(11)–(13)
5. Corrections, original wills and recordsSubsections (f)(11)–(13)Open illustrated reader →