Rule 791.May Demand Abstract of Title
Last verified June 28, 2026
In one sentenceRule 791 lets either party, after the answer is filed, serve written notice at least ten days before trial demanding a written abstract of the claim or title to the premises on which the other side relies.
Full Text of Rule 791
After answer filed, either party may, by notice in writing, duly served on the opposite party or his attorney of record, not less than ten days before the trial of the cause, demand an abstract in writing of the claim or title to the premises in question upon which he relies.
End
Plain-English Summary
Rule 791 opens the title-disclosure step. Once an answer is on file, either side may serve written notice — at least ten days before trial — demanding the other party's abstract of title: a written account of the claim or title it stands on. The demand sets up the deadlines and limits that the next rules enforce.
Frequently Asked Questions
How does a party learn the other side's claim of title before trial?
By serving written notice at least ten days before trial demanding an abstract of title (Rule 791).
When can a party first demand an abstract of title?
After the answer is filed. Rule 791 ties the demand to that filing, not to the start of the suit.
Can both sides demand an abstract of title, or only the plaintiff?
Either party may demand the other's abstract of title; Rule 791 is not limited to the plaintiff.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 791), 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: demand abstract of titlenotice demanding title abstractten day abstract demandrequesting opponent's title claimTRCP 791