Rule 165.Abandonment

Last verified June 28, 2026

In one sentenceRule 165 lets a party who abandons part of a pleaded claim or defense have that fact entered of record, showing those matters were not tried.

Full Text of Rule 165

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A party who abandons any part of his claim or defense, as contained in the pleadings, may have that fact entered of record, so as to show that the matters therein were not tried.

End

Plain-English Summary

Rule 165 makes a record of what a party gives up. A party who abandons any part of a claim or defense set out in its pleadings may have that abandonment entered of record, so the record shows those matters were not tried. It keeps abandoned points from clouding the judgment or any appeal.

Frequently Asked Questions

What is abandonment of a claim in Texas?

Under Rule 165, dropping part of a pleaded claim or defense; the party may have the abandonment noted of record to show those matters were not tried.

Why would a party bother entering an abandonment on the record under Rule 165?

Without it, the record could leave the abandoned matters looking untried, or muddy what the judgment or an appeal resolved. Rule 165 clears that up by noting on record that those matters were not tried.

Does Rule 165 cover abandoned defenses as well as abandoned claims?

Yes. Rule 165 applies to any part of a claim or defense set out in the pleadings that a party gives up.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 165), 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: abandonmentabandon a claimentered of recordTRCP 165