Rule 243.Unliquidated Demands
Last verified June 28, 2026
Full Text of Rule 243
Plain-English Summary
Rule 243 covers defaults on claims that are not fixed in amount. If the cause of action is unliquidated or is not proved by a written instrument, the court must hear evidence as to damages and then render judgment. If a jury is demanded and the defendant is entitled to one, the default is noted, a writ of inquiry is awarded, and the case is entered on the jury docket so a jury can set the damages.
Frequently Asked Questions
Do you have to prove up damages on a default judgment in Texas?
For unliquidated claims, yes. Rule 243 requires the court to hear evidence on damages before rendering a default judgment, with a jury setting damages if one is demanded.
What is a writ of inquiry in a Texas default judgment?
It is the jury proceeding Rule 243 awards when a defendant demands and is entitled to a jury to set damages on an unliquidated claim, with the default noted and the case placed on the jury docket.
What counts as an unliquidated claim under Rule 243?
A claim that is not fixed in amount, or one not proved by an instrument in writing, so the court must hear evidence to set the damages rather than calculate them from a document.