Last amended April 1, 1984 · Last verified June 28, 2026
In one sentenceRule 124 bars a judgment against a defendant who has not been served, has not accepted or waived service, and has not appeared — and it lets a counterclaim or cross-claim against an appeared party be served by citation or under Rule 21(a).
Full Text of Rule 124
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In no case shall judgment be rendered against any defendant unless upon service, or acceptance or waiver of process, or upon an appearance by the defendant, as prescribed in these rules, except where otherwise expressly provided by law or these rules. When a party asserts a counterclaim or a cross-claim against another party who has entered an appearance, the claim may be served in any manner prescribed for service of citation or as provided in Rule 21(a).
End
Plain-English Summary
Rule 124 protects the right to notice. No judgment may be rendered against a defendant unless that defendant was served, accepted or waived service, or appeared — except where a law or rule expressly provides otherwise.
The rule also covers later claims. When a party brings a counterclaim or cross-claim against another party who has already appeared, that claim may be served in any way a citation may be served, or under Rule 21(a).
Frequently Asked Questions
Can a Texas court enter judgment against an unserved defendant?
No. Under Rule 124, a judgment requires service, acceptance or waiver of process, or an appearance, unless a law or rule expressly provides otherwise.
Does Rule 124 apply to counterclaims and cross-claims?
Yes. Once a party has appeared, a counterclaim or cross-claim against that party may be served any way a citation may be served, or under Rule 21(a), instead of starting service over.
Does Rule 124 always require formal service before judgment?
Not when a law or another rule expressly says otherwise. Rule 124's requirement of service, acceptance, waiver, or appearance gives way when a different rule or statute expressly provides another path to judgment.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 124), published by the Texas Judicial Branch (txcourts.gov).
Promulgated by the Supreme Court of Texas. The plain-English summary is original and draws on official sources. Last verified June 28, 2026. ·
Official source
Also known as:no judgment without servicejurisdiction over the personcounterclaim serviceTRCP 124