Rule 694.No Mandamus Without Notice
Last verified June 28, 2026
In one sentenceRule 694 bars a district or county court from granting a mandamus on an ex parte hearing, and provides that any peremptory mandamus granted without notice is abated on the defendant's motion.
Full Text of Rule 694
No mandamus shall be granted by the district or county court on ex parte hearing, and any peremptory mandamus granted without notice shall be abated on motion.
End
Plain-English Summary
Rule 694 requires notice for mandamus. No mandamus may be granted by a district or county court on an ex parte hearing, and any peremptory mandamus granted without notice to the adverse party is abated on the defendant's motion — so a party cannot be compelled to act without a chance to be heard.
Frequently Asked Questions
Can a Texas court grant a mandamus without notice?
No. Rule 694 bars granting a mandamus on an ex parte hearing; one granted without notice is abated on motion.
What happens if a Texas court grants mandamus without notice anyway?
It is abated on motion. Rule 694 lets the party harmed by the ex parte order have it set aside by motion rather than by appeal alone.
Which Texas courts does Rule 694's notice requirement apply to?
The district and county courts. Rule 694 bars them from granting a mandamus on an ex parte hearing.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 694), 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: no mandamus without noticemandamus noticeabating a mandamus without noticeTRCP 694