Rule 122.Constructive Appearance
Last verified June 28, 2026
Full Text of Rule 122
Plain-English Summary
Rule 122 closes a loophole. A defendant who succeeds in quashing the citation or its service does not escape the suit. Instead, the defendant is deemed to have entered an appearance — and to have been duly served — at 10 o'clock a.m. on the Monday after twenty days from the day the citation or service was quashed. The defendant must answer at that time, and a default judgment may be rendered if it does not.
Frequently Asked Questions
What happens if a defendant quashes service in Texas?
Under Rule 122, the defendant is deemed to have appeared and been served as of 10 a.m. the Monday after twenty days from the quashing, and must answer by then or risk a default judgment.
Why would a defendant quash citation if Rule 122 still counts it as an appearance?
Quashing lets a defendant challenge a defect in the citation or its service, but Rule 122 keeps the case moving by setting a fixed new answer date instead of letting the defect end the suit.
How is the new answer date calculated under Rule 122?
It falls at 10 a.m. on the Monday after twenty days have passed from the day the citation or its service was quashed.