Your debt case hearing or trial may be held by video or phone, so read the notice to see how you are expected to appear, and tell the court promptly if the method will not work for you.
Rule 21d makes in-person attendance the default unless the notice says otherwise, lets courts allow or require remote appearance on notice, but bars requiring a party or lawyer to appear remotely for a proceeding with oral testimony absent good cause or agreement, or for a jury trial absent agreement; any party may object for good cause. Rule 500.10 lets a justice court allow or require remote appearance, guided by listed factors, while the judge presides from the location required by statute.
- Citation
- Tex. R. Civ. P. 21d and 500.10; amendments to Rules 21, 500.2, 501.4, and 505.1 (Misc. Docket No. 23-9004, preliminary approval Misc. Docket No. 22-9091)
- Court or agency
- Supreme Court of Texas
- Date
- February 1, 2023
- Law
- Texas law
Summary
After pandemic emergency orders expired, the Supreme Court of Texas adopted permanent rules on remote proceedings. Final approval came on January 27, 2023, effective February 1, 2023. Rule 21d governs district and county courts; Rule 500.10 governs justice courts, where most debt claim cases are now heard.
Background
During the COVID-19 pandemic, Texas courts operated under a long series of emergency orders that allowed hearings by videoconference and teleconference. Remote hearings became routine, especially in high-volume dockets like justice court debt claims. When the emergency orders wound down, the Supreme Court of Texas proposed permanent rules in October 2022 (Misc. Docket No. 22-9091), took public comment, and gave final approval on January 27, 2023 (Misc. Docket No. 23-9004).
What changed
Rule 21d (district, county, and statutory county courts).
- Unless the notice of a hearing or trial says otherwise, participants appear in person. On appropriate notice, a court may allow or require a participant to appear by videoconference, teleconference, or other electronic means.
- A court may not require a party or lawyer to appear electronically for a proceeding in which oral testimony is heard, absent good cause or agreement of the parties, and may not require a lawyer, party, or juror to appear electronically for a jury trial absent agreement.
- Any party may object to a method of appearance for good cause within a reasonable time. The court must rule on the objection before proceeding by that method.
- Good-cause factors include case type, number of witnesses, the type of evidence, lack of access to or skill with technology, travel limits such as lack of transportation or inability to take off work, and language-access or disability needs.
- If everyone appears remotely, the court must give the public reasonable notice of how to observe.
Rule 500.10 (justice courts). A justice of the peace may allow or require participants to appear electronically. The judge may also appear electronically but must conduct the proceeding from the location required by statute. The judge should consider factors similar to those in Rule 21d, including technology and travel limits and “any agreement or objection by the parties.” If the judge allows or requires electronic appearance, the notice must include instructions for joining, the court’s contact information, and instructions for submitting evidence.
The order also added definitions of “court proceeding” and “participant” to Rule 500.2 and made conforming changes to Rules 21, 501.4, and 505.1.
Our take
For many people sued on a credit card, a remote setting removes a real obstacle: taking an unpaid day off work to sit in a courtroom for a short hearing. That is a benefit. The risk is that defendants treat a video setting casually, lose the link, or join late, and a no-show can lead to a default or a dismissal of defenses.
Justice courts have broad discretion under Rule 500.10. The specific limits in Rule 21d on requiring remote testimony or remote jury trials do not appear in the justice court rule, although a party’s objection is one of the factors the judge should weigh. If a remote trial will make it hard for you to present documents or testimony, raise that early.
What it means if you’re sued in Texas
Read every notice the court sends and note whether you must appear in person, by video, or by phone. Test the technology ahead of time and keep the clerk’s phone number handy in case the link fails. If the method will not work for you, ask the court in writing as early as possible for a different arrangement. A free case review is available if you have questions about an upcoming hearing.
Takeaway
Remote hearings can make it easier to defend a debt case without missing work, but a missed video link counts the same as a missed courtroom appearance. Confirm the method, link, and time well before the hearing.
Sources
Primary authority
- Misc. Docket No. 23-9004, final approval of Rules 21d and 500.10 (Supreme Court of Texas)
- Misc. Docket No. 22-9091, preliminary approval (Supreme Court of Texas)
Secondary sources
This summary and analysis are general information, not legal advice. Later decisions, amendments or agency actions may change the law; check the current status before relying on it.