Gammel's Rules of the Courts of Texas Page: 45 of 70
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TEXAS COURT RULES.
39. 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 oontempt
40. 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.
41. 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.
42. 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.
43. But one counsel on each side shall examine and cross-examine
the same witness, except on leave granted.
44. No more than two counsel on each side shall be heard on any
question or on the trial, except in important cases, and upon special
leave of the court.
45. The attorney first employed shall be considered the leading
counsel in the case, and, if present, shall have control in the management
of the cause, unless a change is made by the party himself, to be
entered of record.
46. An attorney of record is one who has appeared in the case,
as evidenced by his name subscribed to the pleadings or to some agreement
of the parties filed in the case; and he shall be considered to
have continued as such attorney to the end of the suit in the trial
court, unless there is something appearing to the contrary in the
47. No agreement between attorneys or parties touching any suit
pending will be enforced, unless it be in writing, signed and filed
with the papers as part of the record, or unless it be made in open
court and entered of record.
48. Counsel of the party for whom a judgment is to be rendered,
shall prepare the form of the judgment to be entered and submit it
to the court.
49. Absence of counsel will be of no good cause for continuance
or postponement of the cause when called for trial, except to be
allowed in the discretion of the court, upon cause shown or upon
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Moffett, James William. Gammel's Rules of the Courts of Texas, book, 1922; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth5836/m1/45/: accessed August 23, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .