Rule 812.No Judgment by Default

Last amended March 1, 1950 · Last verified June 28, 2026

In one sentenceRule 812 forbids a default judgment where service was by publication; instead the plaintiff must exhibit the facts entitling it to judgment at trial, and a statement of facts must be filed as in suits against nonresidents served by publication.

Full Text of Rule 812

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No judgment by default shall be taken in such case when service has been had by publication, but in such case the facts entitling the plaintiff to judgment shall be exhibited to the court on the trial; and a statement of facts shall be filed as provided by law and these rules in suits against nonresidents of this State served by publication, where no appearance has been made by them.

End

Plain-English Summary

Rule 812 protects the defendant who was reached only through publication. No default judgment may be taken in that case. The plaintiff must lay the facts that entitle it to judgment before the court at trial, and a statement of facts must be filed, just as the law and these rules require in suits against nonresidents of the state served by publication.

Frequently Asked Questions

Can a default judgment be taken when service was by publication in a title suit?

No. The plaintiff must prove the facts entitling it to judgment at trial, and a statement of facts must be filed (Rule 812).

What must the plaintiff do at trial instead of taking a default judgment under Rule 812?

Exhibit to the court the facts that entitle him to judgment. Rule 812 requires that proof in place of a default.

What filing does Rule 812 require alongside that proof?

A statement of facts, filed the same way the law requires in suits against nonresidents served by publication.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 812), 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: no default judgment service by publication title suitproof required instead of defaultstatement of facts publication serviceprotecting defendants served by publicationTRCP 812