Rule 241.Assessing Damages on Liquidated Demands
Last amended April 1, 1984 · Last verified June 28, 2026
Full Text of Rule 241
Plain-English Summary
Rule 241 sets how damages are fixed after a default on a liquidated claim. When the claim is liquidated and proved by a written instrument, the court — or someone under its direction — assesses the damages and renders final judgment for that amount. The exception is a defendant who is entitled to and demands a trial by jury.
Frequently Asked Questions
How are damages set on a default judgment for a liquidated claim in Texas?
Under Rule 241, if the claim is liquidated and proved by a written instrument, the court assesses the damages and renders final judgment, unless the defendant demands and is entitled to a jury.
Who assesses damages when a liquidated claim is proved by a written instrument?
The court, or someone acting under its direction, assesses the damages and renders final judgment for that amount under Rule 241.
When does a jury set damages on a liquidated default judgment instead of the court?
Only when the defendant demands and is entitled to a jury trial. Rule 241 makes that the sole exception to the court assessing damages itself.