Rule 796.Surveyor Appointed, Etc.

Last verified June 28, 2026

In one sentenceRule 796 lets the judge, on the court's own motion or a party's, appoint a surveyor to survey the disputed premises and report under oath; unless rejected for good cause, the report is admitted as evidence.

Full Text of Rule 796

Text size

The judge of the court may, either in term time or in vacation, at his own discretion, or on motion of either party to the action appoint a surveyor, who shall survey the premises in controversy pursuant to the order of the court, and report his action under oath to such court. If said report be not rejected for good cause shown, the same shall be admitted as evidence on the trial.

End

Plain-English Summary

Rule 796 brings a surveyor into a boundary fight. In term time or vacation, the judge may appoint one — on the court's own initiative or a party's motion — to survey the land in controversy under the court's order and report the work under oath. Absent good cause to reject it, that report comes in as evidence at trial.

Frequently Asked Questions

Can a Texas court order a survey in a trespass-to-try-title case?

Yes. The judge may appoint a surveyor to survey the premises and report under oath, and the report is admitted unless rejected for good cause (Rule 796).

Who can ask the judge to appoint a surveyor?

Either party may move for one, or the judge may appoint a surveyor on his own, in term time or in vacation (Rule 796).

Can the survey report be kept out of evidence?

Yes, but only if the court rejects it for good cause; otherwise Rule 796 admits the report at trial.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 796), 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: court appointed surveyor trespass to try titlemotion to appoint surveyorsurveyor report admitted at trialjudge orders survey of landTRCP 796