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Rule 308.Court Shall Enforce Its Decrees

Last verified June 28, 2026

In one sentenceRule 308 directs the court to enforce its judgments and, when a judgment is for personal property of special value to the plaintiff, lets the court issue a special writ to seize and deliver the property and back it with attachment, fine, and imprisonment.

Full Text of Rule 308

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The court shall cause its judgments and decrees to be carried into execution; and where the judgment is for personal property, and it is shown by the pleadings and evidence and the verdict, if any, that such property has an especial value to the plaintiff, the court may award a special writ for the seizure and delivery of such property to the plaintiff; and in such case may enforce its judgment by attachment, fine and imprisonment.
End

Plain-English Summary

Rule 308 gives the court the duty and the tools to make its judgments stick. As a baseline, the court must cause its judgments and decrees to be carried into execution.

The rule adds a special remedy for unique items. Where the judgment is for personal property and the pleadings, the evidence, and any verdict show the property has an especial value to the plaintiff, the court may award a special writ to seize the property and deliver it to the plaintiff. In that situation the court may enforce its judgment by attachment, fine, and imprisonment — the contempt powers that push a reluctant party to comply.

Frequently Asked Questions

Can a Texas court order specific personal property turned over?

Yes. When the property has a special value to the plaintiff, Rule 308 lets the court issue a writ to seize and deliver it and enforce the order by attachment, fine, and imprisonment.

Does Rule 308 require a court to enforce every judgment, not just property judgments?

Yes. Rule 308 opens by stating that the court shall cause its judgments and decrees to be carried into execution. That duty applies to judgments generally; the special writ for property of especial value is an added remedy on top of it.

How do you show personal property has an especial value under Rule 308?

The pleadings, the evidence, and the verdict, if any, must show the property has an especial value to the plaintiff. Only then may the court award the special writ to seize and deliver it, backed by attachment, fine, and imprisonment.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 308), 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: court shall enforce its decreesspecial writ for personal propertyseizure and deliveryproperty of special valueTRCP 308