TX · rules
Tex. R. Civ. P. 269
Argument
(a) After the evidence is concluded and the charge is read, the parties may argue the case to
the jury. The party having the burden of proof on the whole case, or on all matters which
are submitted by the charge, shall be entitled to open and conclude the argument; where
there are several parties having separate claims or defenses, the court shall prescribe the
order of argument between them.
(b) In all arguments, and especially in arguments on the trial of the case, the counsel opening
shall present his whole case as he relies on it, both of law and facts, and shall be heard in
the concluding argument only in reply to the counsel on the other side.
(c) Counsel for an intervenor shall occupy the position in the argument assigned by the court
according to the nature of the claim.
(d) Arguments on questions of law shall be addressed to the court, and counsel should state
the substance of the authorities referred to without reading more from books than may be
necessary to verify the statement. On a question on motions, exceptions to the evidence,
and other incidental matters, the counsel will be allowed only such argument as may be
necessary to present clearly the question raised, and refer to authorities on it, unless further
discussion is invited by the court.
(e) Arguments on the facts should be addressed to the jury, when one is impaneled in a case
that is being tried, under the supervision of the court. Counsel shall be required to confine
the argument strictly to the evidence and to the arguments of opposing counsel. Mere
personal criticism by counsel upon each other shall be avoided, and when indulged in shall
be promptly corrected as a contempt of court.
(f) Side-bar remarks, and remarks by counsel of one side, not addressed to the court, while the
counsel on the other side is examining a witness or arguing any question to the court, or
addressing the jury, will be rigidly repressed by the court.
(g) The court will not be required to wait for objections to be made when the rules as to
arguments are violated; but should they not be noticed and corrected by the court, opposing
counsel may ask leave of the court to rise and present his point of objection. But the court
shall protect counsel from any unnecessary interruption made on frivolous and unimportant
grounds.
(h) It shall be the duty of every counsel to address the court from his place at the bar, and in
addressing the court to rise to his feet; and while engaged in the trial of a case he shall
remain at his place in the bar.
Provenance
- Source
- txcourts.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-14
- Content hash
f89d668260e6e613e21323c915b27dafbf6c399c5151a7208eaed831f687a739
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