Tex. R. Civ. P. 510.16 · Part V. RULES OF PRACTICE IN JUSTICE COURTS
IF DEFENDANT FAILS TO ANSWER OR APPEAR AT TRIAL
Text — As posted by the Supreme Court of Texas (file dated October 2, 2026)
(a) Default Judgment. If the defendant fails to appear at trial and fails to file an answer before the case is called for trial, and proof of service has been filed in accordance with Rule 510.8, the allegations of the petition must be taken as admitted and judgment by default rendered accordingly. If a defendant who has answered fails to appear for trial, the court may proceed to hear evidence and render judgment accordingly. A default judgment must comply with Rule 510.18.
(b) Plaintiff Duties. The plaintiff requesting a default judgment must provide to the clerk in writing the last known email address and mailing address of the defendant at or before the time the judgment is signed. If an email address is known, the plaintiff must serve the judgment by email under Rule 510.5(c)(1)(C). If an email address is not known, the plaintiff must serve the judgment by another method under 510.5. The plaintiff must file with the court a certificate of service under Rule 510.5(c)(4).
(c) Notice of Default. When a default judgment is signed, the clerk must immediately send the judgment by email and mail to the defendant at the last known addresses provided by the plaintiff and, if different from the mailing address, to the address of the premises. The clerk must note the fact of such emailing and mailing on the docket. The notice must state the number and style of the case, the court in which the case is pending, the names of the parties in whose favor and against whom the judgment was rendered, and the date the judgment was signed. Failure to comply with the provisions of this rule does not affect the finality of the judgment.
Source of truth
- Edition
- As posted by the Supreme Court of Texas (file dated October 2, 2026)
- Official file
- https://www.txcourts.gov/media/1463426/texas-rules-of-civil-procedure.pdf (PDF pages 294)
- Text hash
- sha256 8241dc41c08c5a47d522e5f3b04f08823625734262e87e769762e6b0f4bc729d
- Composed by
- compose_tx_rules.py 2026-10-05: two PDF extractors agree character for character after the same chrome removal
BenchPath cards that rely on this text
- Justice Court, Precinct 1 (Tarrant County) — Local Rule: Court Procedure on Non-Compliance with TRCP 510.16(b) Plaintiff Duties in Eviction Default Judgments (eff. Jan. 1, 2026)
- Justice Court, Precinct 1 (Tarrant County) — Local Rule: Court Procedure on Non-Compliance with TRCP 510.16(b) Plaintiff Duties in Eviction Default Judgments (eff. Jan. 1, 2026)
This rule cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Texas Rules of Civil Procedure
- Tex. R. Civ. P. 1OBJECTIVE OF RULESPrinted as Rule 510.5(c)(1)(C)
- Tex. R. Civ. P. 4COMPUTATION OF TIMEPrinted as Rule 510.5(c)(4)
- Tex. R. Civ. P. 510.5FILING AND SERVING PLEADINGS AND MOTIONSPrinted as Rule 510.5(c)(1)(C) | Rule 510.5(c)(4)
- Tex. R. Civ. P. 510.8ISSUANCE, SERVICE, AND RETURN OF CITATIONPrinted as Rule 510.8
- Tex. R. Civ. P. 510.18JUDGMENT; WRIT; NO NEW TRIALPrinted as Rule 510.18
Cited by 3 provisions
Provisions in this library whose text cites Tex. R. Civ. P. 510.16. Each shows the citation as that text prints it.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.