Rule 771.Objections to Report

Last amended September 1, 1990 · Last verified June 28, 2026

In one sentenceRule 771 lets a party file objections to the commissioners' report within a set time, and on a finding that the report is erroneous or the partition unequal, the court must reject it and appoint new commissioners.

Full Text of Rule 771

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Either party to the suit may file objections to any report of the commissioners in partition within thirty days of the date the report is filed, and in such case a trial of the issues thereon shall be had as in other cases. If the report be found to be erroneous in any material respect, or unequal and unjust, the same shall be rejected, and other commissioners shall be appointed by the Court, and the same proceedings had as in the first instance.

End

Notes and Comments

Comment to 1990 change: To set a time within which objections to a commissioners report must be filed.

Plain-English Summary

Rule 771 is the check on the report. Either party may file objections to the report of the commissioners within the time the rule sets — a deadline added by the 1990 amendment. If the court finds the report is erroneous in a material respect, or that the partition is unequal and unjust, it sets the report aside and appoints other commissioners to make a new partition.

Frequently Asked Questions

Can you object to a partition report in Texas?

Yes. Rule 771 lets a party file objections within the set time; the court may reject an unequal report and appoint new commissioners.

How many days does a party have to object to a partition report in Texas?

Thirty days from the date the commissioners' report is filed (Rule 771).

What happens after the court rejects a commissioners' report?

The court appoints new commissioners, and the partition proceeds again from that point, following the same steps as the first time (Rule 771).

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 771), 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: objections to commissioners report partitionthirty day deadline partition objectionsrejecting a commissioners reportnew commissioners after rejected reportTRCP 771