Rule 510.10.Request for Summary Disposition
Last verified June 28, 2026
Full Text of Rule 510.10
Plain-English Summary
Rule 510.10 provides a fast track in eviction suits. The plaintiff may file a sworn motion for summary disposition with the petition, and the defendant may respond with supporting facts. After proper service and review of the sworn petition and the response, if the court finds no real dispute of fact, it may render judgment without a trial; if the facts are disputed, the case is set for trial.
A summary-disposition judgment has the same effect as any other judgment, and the clerk gives notice when a default or summary-disposition judgment is signed. In a suit alleging forcible detainer only, a party may still move for summary disposition, but the motion proceeds under Rule 503.2's procedure rather than this rule's own.
Frequently Asked Questions
Can a landlord win an eviction without a trial in Texas?
Rule 510.10 allows summary disposition on the sworn petition and the defendant's response when there is no real dispute of fact. In a suit alleging forcible detainer only, the same kind of motion is available, but it proceeds under Rule 503.2's procedure instead.
How long does a tenant have to respond to a motion for summary disposition?
Rule 510.10 gives the defendant 4 days after being served with the petition to file a response, though the court may consider a late response if it finds the facts are disputed and judgment has not yet been entered.
What happens if the facts are disputed in a summary disposition motion?
Rule 510.10 has the court set a trial date at least 10 days but within 21 days after the petition was filed, unless the court immediately sets the case for trial at the defendant's request.