Rule 696.Application for Writ of Sequestration and Order

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

In one sentenceRule 696 lets a plaintiff apply for a writ of sequestration to seize specific disputed property pending judgment, supported by affidavit, and requires the court's order to make findings and describe the property after a hearing.

Full Text of Rule 696

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Either at the commencement of a suit or at any time during its progress the plaintiff may file an application for a writ of sequestration. The application shall be supported by affidavits of the plaintiff, his agent, his attorney, or other persons having knowledge of relevant facts. The application shall comply with all statutory requirements and shall state the grounds for issuing the writ, including the description of the property to be sequestered with such certainty that it may be identified and distinguished from property of a like kind, giving the value of each article of the property and the county in which it is located, and the specific facts relied upon by the plaintiff to warrant the required findings by the court. The writ shall not be quashed because two or more grounds are stated conjunctively or disjunctively. The application and any affidavits shall be made on personal knowledge and shall set forth such facts as would be admissible in evidence; provided that facts may be stated based upon information and belief if the grounds of such belief are specifically stated. No writ shall issue except upon written order of the court after a hearing, which may be ex parte. The court, in its order granting the application, shall make specific findings of facts to support the statutory grounds found to exist, and shall describe the property to be sequestered with such certainty that it may be identified and distinguished from property of a like kind, giving the value of each article of the property and the county in which it is located. Such order shall further specify the amount of bond required of plaintiff which shall be in an amount which, in the opinion of the court, shall adequately compensate defendant in the event plaintiff fails to prosecute his suit to effect and pay all damages and costs as shall be adjudged against him for wrongfully suing out the writ of sequestration including the elements of damages stated in Sections 62.044 and 62.045, Civil Practice and Remedies Code. The court shall further find in its order the amount of bond required of defendant to replevy, which shall be in an amount equivalent to the value of the property sequestered or to the amount of plaintiff's claim and one year's accrual of interest if allowed by law on the claim, whichever is the lesser amount, and the estimated costs of court. The order may direct the issuance of several writs at the same time, or in succession, to be sent to different counties.

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Plain-English Summary

Rule 696 opens the sequestration remedy — a way to seize and hold specific personal property or real estate whose title or possession is in dispute, pending the suit's outcome. At the commencement of a suit or during its progress, the plaintiff may file an application supported by affidavits.

No writ issues except on the court's written order after a hearing, which may be ex parte. The order must make specific findings supporting the statutory grounds and describe the property with enough certainty to identify it — due-process safeguards added when the rule was overhauled.

Frequently Asked Questions

What is a writ of sequestration in Texas?

A pre-judgment order seizing specific disputed property to hold it pending the suit. Rule 696 sets the sworn application and the court's findings.

Can more than one writ of sequestration cover property in different Texas counties?

Yes. Rule 696 lets the court's order direct several writs to be sent to different counties, either at the same time or in succession.

Can a Texas sequestration application rely on information and belief instead of personal knowledge?

Only in part. Rule 696 requires personal knowledge and admissible facts as a rule, but allows facts based on information and belief if the grounds for that belief are specifically stated.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 696), 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: writ of sequestrationapplication for sequestrationsworn application for sequestrationTRCP 696