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Rule 95.Pleas of Payment

Last verified June 28, 2026

In one sentenceRule 95 requires a defendant who wants to prove payment to file an account stating the nature and items of the payment, or be barred from proving it unless the plea describes it plainly.

Full Text of Rule 95

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When a defendant shall desire to prove payment, he shall file with his plea an account stating distinctly the nature of such payment, and the several items thereof; failing to do so, he shall not be allowed to prove the same, unless it be so plainly and particularly described in the plea as to give the plaintiff full notice of the character thereof.
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Plain-English Summary

Rule 95 conditions the defense of payment on detail. A defendant who intends to prove payment must file, with the plea, an account that distinctly states the nature of the payment and its several items. Without that account, the defendant cannot prove payment — unless the plea itself describes it so plainly and particularly that the plaintiff has full notice of its character.

Frequently Asked Questions

How do you plead payment as a defense in Texas?

Under Rule 95, file an account with your plea stating the nature and items of the payment. Otherwise you cannot prove payment unless the plea describes it plainly enough to give full notice.

What happens if a defendant doesn't file an account of payment in Texas?

Under Rule 95, the defendant cannot prove payment at trial, unless the plea itself describes the payment plainly and particularly enough to give the plaintiff full notice of its character.

What must the account filed with a plea of payment show in Texas?

Rule 95 requires the account to state distinctly the nature of the payment and its several items, so the plaintiff knows what payment is being claimed.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 95), 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: pleas of paymentpaymentaccount of paymentitemized account of paymentTRCP 95