Rule 781.Proceeding as in Civil Cases
Last verified June 28, 2026
In one sentenceRule 781 entitles every person or corporation cited in a quo warranto proceeding to all the rights in the trial and investigation of the matter that belong to a defendant in an ordinary civil case.
Full Text of Rule 781
Every person or corporation who shall be cited as hereinbefore provided shall be entitled to all the rights in the trial and investigation of the matters alleged against him, as in other cases of trial of civil cases in this State. Either party may prosecute an appeal or writ of error from any judgment rendered, as in other civil cases, subject, however, to the provisions of Rule 42, Texas Rules of Appellate Procedure, and the appellate court shall give preference to such case, and hear and determine the same as early as practicable.
End
Plain-English Summary
Rule 781 guarantees a fair trial. Every person or corporation cited in a quo warranto proceeding is entitled to all the rights, in the trial and investigation of the matters in issue, that belong to a defendant in an ordinary civil case — so the challenge to the office or franchise is tried with the usual protections.
Frequently Asked Questions
What rights does a quo warranto defendant have in Texas?
The same trial rights as a defendant in an ordinary civil case (Rule 781).
Can a quo warranto judgment be appealed in Texas?
Yes. Rule 781 lets either party prosecute an appeal or writ of error, as in other civil cases.
Does a quo warranto appeal get special treatment on the docket?
Yes. Rule 781 directs the appellate court to give the case preference and decide it as early as practicable.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 781), 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: proceeding as in civil cases quo warrantoappealing a quo warranto judgmentquo warranto appeal preferencewrit of error quo warrantoTRCP 781