TX · rules
Tex. R. Civ. P. 510.18
Judgment; Writ; No New Trial
(a) Judgment Upon Jury Verdict. Where a jury has returned a verdict, the judge may render
judgment on the verdict or, if the verdict is contrary to the law or the evidence, judgment
notwithstanding the verdict.
(b) Judgment in Case Tried by Judge. When a case has been tried before the judge without a
jury, the judge must announce the decision in open court, note the decision in the court’s
docket, and render judgment accordingly.
(c) Form. A judgment must:
(1) clearly state the determination of the rights of the parties in the case;
(2) state who must pay the costs;
(3) be signed by the judge;
(4) be dated the date of the judge’s signature;
(5) state: “You may appeal this judgment by filing a bond, making a cash deposit, or
filing a Statement of Inability to Afford Payment of Court Costs within 5 days after
this judgment was signed. See Texas Rule of Civil Procedure 510.19(c).”;
(6) if it awards monetary damages, state: “If you are an individual (not a company),
your money or property may be protected from being taken to pay this judgment.
Find out more by visiting www.texaslawhelp.org/exempt-property. / Si usted es una
persona física (y no una compañía), su dinero o propiedad pudieran estar
protegidos de ser embargados como pago de esta deuda decretada en juicio en
contra suya. Obtenga mayor información visitando el sitio
www.texaslawhelp.org/exempt-property.”
(d) Judgment for Plaintiff. If the judgment is in favor of the plaintiff, the judge must render
judgment for plaintiff for possession of the premises, costs, delinquent rent as of the date
of entry of judgment, if any, and attorney fees if recoverable by law.
(e) Judgment for Defendant. If the judgment is in favor of the defendant, the judge must
render judgment for defendant against the plaintiff for costs and attorney fees if recoverable
by law.
(f) Determination of Rent and Rental Pay Period. If the justice court enters judgment for the
landlord in a residential eviction case, the court must determine the amount of rent to be
paid by the defendant each rental pay period during the pendency of any appeal in
accordance with the terms of the ren tal agreement and applicable laws and regulations,
and must note that amount in the judgment. If there is no oral or written rental agreement,
the court must determine:
(1) the rental pay period; and
(2) the amount of rent to be paid by the defendant in each rental pay period, which
must be the greater of:
(A) $250; or
(B) the fair market rent, if determined by the court.
(g) Writ. If the judgment or verdict is in favor of the plaintiff, the judge must award a writ of
possession upon demand of the plaintiff and payment of any required fees. The issuance of
a writ of possession upon a proper and timely demand is a ministerial act not subject to
review or delay. The plaintiff bears the costs of issuing and executing the writ of possession.
(1) Time to Issue. Except as provided by Rule 510.9, no writ of possession may issue
before the 6th day after the date a judgment for possession is signed or the day
following the deadline for the defendant to appeal the judgment, whichever is later.
A writ of possession may not issue more than 60 days af ter a judgment for
possession is signed. For good cause, the court may extend the deadline for
issuance to 90 days after a judgment for possession is signed.
(2) Time to Execute. A writ of possession may not be executed after the 90th day after
a judgment for possession is signed.
(3) Effect of Appeal. A writ of possession must not issue if an appeal is perfected and,
if applicable, rent is paid into the registry, as required by these rules.
(4) Who May Execute. Except as provided in (5), the writ must be executed by a sheriff
or constable.
(5) Service by Other Law Enforcement Officer. If the sheriff or constable has not
served the writ within 5 business days after it is issued, the plaintiff may file with
the court a request for issuance of a replacement writ to be served by any other
law enforcement officer, including an off-duty offic er with appropriate
identification, who has received appropriate training in the service of process,
eviction procedures, and the execution of writs, as determined by the Texas
Commission on Law Enforcement. When such a request is filed with the court,
the clerk must immediately issue the replacement writ and provide it to the
plaintiff.
(h) Enforcement of Judgment. Justice court judgments are enforceable in the same method as
in county and district court, except as provided by law.
(i) No Motion For New Trial. No motion for new trial may be filed.
(j) Post-judgment Discovery. Post-judgment discovery is not required to be filed with the
court. The party requesting discovery must give the responding party at least 30 days to
respond to a post-judgment discovery request. The responding party may file a written
objection with the court within 30 days of receiving the request. If an objection is filed,
the judge must hold a hearing to determine if the request is valid. If the objection is
denied, the judge must order the party to respond to the request. If the objection is upheld,
the judge may reform the request or dismiss it entirely.
Provenance
- Source
- txcourts.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-14
- Content hash
4408793efc995e18f7260cce4f2f478f3f0430ea3ea8a7e4a623a2dc4f919fd0
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