Rule 299a.Findings of Fact to Be Separately Sent and Not Recited in a Judgment

Last amended May 28, 2024 · Last verified June 28, 2026

In one sentenceRule 299a requires findings of fact to be sent as a separate document and not recited in the judgment, and makes separately made findings control over any conflicting findings recited in the judgment.

Full Text of Rule 299a

Text size

Findings of fact must not be recited in a judgment. If there is a conflict between findings of fact recited in a judgment in violation of this rule and findings of fact made pursuant to Rules 297 and 298, the latter findings will control for appellate purposes. Findings of fact must be sent as a document or documents separate and apart from the judgment.

End

Notes and Comments

Comment to 1990 change: To require that findings of fact be separate from the judgment and that such separate findings of fact are controlling on appeal.

Plain-English Summary

Rule 299a keeps findings out of the judgment itself. Findings of fact must not be recited in a judgment; they must be sent as a document separate from it. If a finding recited in a judgment conflicts with a finding made separately under Rules 297 and 298, the separately made finding controls for appellate purposes.

Frequently Asked Questions

Can findings of fact be written into the judgment in Texas?

No. Rule 299a requires findings of fact to be sent separately from the judgment, and a separately made finding controls over any conflicting finding recited in the judgment.

Which findings win if a Texas judgment and a later finding disagree?

The findings made under Rules 297 and 298 win. Rule 299a says that when they conflict with findings recited in the judgment, the separately made findings govern for appellate purposes.

Must Texas findings of fact be their own document, apart from the judgment?

Yes. Rule 299a requires the findings to be sent as one or more documents apart from the judgment itself, not folded into it.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 299a), 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: findings separate from judgmentfindings not recited in judgmentfindings control over judgmentseparate document requirementTRCP 299a