Rule 279.Omissions from the Charge

Last amended January 1, 1988 · Last verified June 28, 2026

In one sentenceRule 279 waives independent grounds of recovery or defense left entirely out of the charge, but lets the court make — or be deemed to have made — findings on an omitted element of a partially submitted ground to support the judgment.

Full Text of Rule 279

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Upon appeal all independent grounds of recovery or of defense not conclusively established under the evidence and no element of which is submitted or requested are waived. When a ground of recovery or defense consists of more than one element, if one or more of such elements necessary to sustain such ground of recovery or defense, and necessarily referable thereto, are submitted to and found by the jury, and one or more of such elements are omitted from the charge, without request or objection, and there is factually sufficient evidence to support a finding thereon, the trial court, at the request of either party, may after notice and hearing and at any time before the judgment is rendered, make and file written findings on such omitted element or elements in support of the judgment. If no such written findings are made, such omitted element or elements shall be deemed found by the court in such manner as to support the judgment. A claim that the evidence was legally or factually insufficient to warrant the submission of any question may be made for the first time after verdict, regardless of whether the submission of such question was requested by the complainant.

End

Plain-English Summary

Rule 279 handles what is left out of the charge. On appeal, an independent ground of recovery or defense that is not conclusively established and has no element submitted or requested is waived entirely.

Partial omissions are treated more forgivingly. When a ground has several elements and at least one necessarily referable element is submitted and found, while another is omitted without request or objection and is supported by factually sufficient evidence, the trial court, on either party's request and after notice and a hearing, may make written findings on the omitted element any time before judgment is rendered, to support the judgment. If it makes none, the omitted element is deemed found in a way that supports the judgment. A challenge that the evidence was legally or factually insufficient to warrant submitting a question may be raised for the first time after verdict.

Frequently Asked Questions

What happens if a ground of recovery is left out of the Texas jury charge?

If no element of an independent ground is submitted or requested, and it is not conclusively established, Rule 279 treats it as waived on appeal.

What are deemed findings under Rule 279?

When one element of a ground is found by the jury and another is omitted without request or objection, and factually sufficient evidence supports a finding on it, either party can ask the court, after notice and a hearing and before judgment is rendered, to make written findings on the omitted element — and if no such findings are made, the element is deemed found to support the 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. 279), 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: omissions from the chargedeemed findingswaiver of groundsTRCP 279