Rule 697.Petition
Last verified June 28, 2026
In one sentenceRule 697 provides that in the district or county court, no writ of sequestration issues unless a petition has first been filed, as in other civil suits, stating the cause of action.
Full Text of Rule 697
If the suit be in the district or county court, no writ of sequestration shall issue, unless a petition shall have been first filed therein, as in other suits in said courts.
End
Plain-English Summary
Rule 697 requires a pleaded case. If the suit is in the district or county court, no writ of sequestration may issue unless a petition has first been filed, as in other civil suits — so the sequestration rests on a stated cause of action, not the application alone.
Frequently Asked Questions
Do you have to file a petition before a sequestration in Texas?
Yes, in the district or county court — Rule 697 requires a petition first.
Can a sequestration writ issue before the petition is on file in Texas?
No. Rule 697 requires the petition to be filed first, so the writ rests on a case already begun rather than the application alone.
Does Rule 697's petition requirement apply outside the district and county courts?
By its terms, Rule 697 addresses suits in the district or county court, which must have the petition on file before a writ of sequestration issues.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 697), 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: sequestration petitionpetition before sequestration writsequestration filing requirementTRCP 697