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TX · rules

Tex. R. Civ. P. 510.2

Definitions

activein force · 2026-07-01 – presentact-effective-date

(a) “Answer” is the written response that a defendant who is sued may file with the court.

(b) “Citation” is the court-issued document required to be served on a defendant to inform the

defendant that the defendant has been sued.

(c) “Claim” is the legal theory and alleged facts that, if proven, entitle a plaintiff to relief

against a defendant in court.

(d) “Clerk” is a person designated by the judge as a justice court clerk, or the judge if there is

no clerk available.

(e) “County court” is the county court, statutory county court, or district court in a particular

county with authority to hear and decide appeals of eviction cases from justice court.

(f) “Court proceeding” is an appearance before the court, such as a trial.

(g) “Default judgment” is a judgment awarded to a plaintiff when the defendant fails to file an

answer or appear at trial to dispute the plaintiff’s claims in the lawsuit.

(h) “Defendant” is a party who is sued.

(i) “Defense” is an assertion by a defendant that the plaintiff is not entitled to relief from the

court.

(j) “Discovery” is the process through which parties obtain information from each other to

prepare for trial or enforce a judgment.

(k) “Dismissed without prejudice” means a case has been dismissed but has not been finally

decided and may be refiled.

(l) “Forcible detainer” is when a person, who has not forcibly entered another’s property,

refuses to surrender possession on demand.

(m) “Forcible entry and detainer” is when a person forcibly enters another’s property and

refuses to surrender possession on demand.

(n) “Forcibly enter” is when a person enters another person’s property without the consent of:

(1) the person in possession of the property;

(2) a tenant at will, meaning a tenant without a lease;

(3) a tenant by sufferance, meaning a tenant who is occupying the property

after the tenant’s lease expired; or

(4) a person who acquired possession by forcible entry.

(o) “Judge” is a justice of the peace.

(p) “Judgment” is a final order by the court that states the relief, if any, a party is entitled to or

must provide.

(q) “Motion” is a request that the court make a specified ruling or order.

(r) “Notice” is a document delivered by the court or a party stating that the recipient must take

action or informing the recipient of action that has been taken.

(s) “Participant” is any party, attorney, witness, or juror who participates in a court proceeding.

(t) “Party” is a person or entity involved in the case that is either suing or being sued, including

all plaintiffs and defendants.

(u) “Petition” is a formal written application stating the plaintiff’s claims and requesting that

the court order relief, such as possession of property or money damages.

(v) “Plaintiff” is a party who sues.

(w) “Pleading” is a written document filed by a party, including a petition and an answer, that

states a claim or defense and outlines the relief sought from the court.

(x) “Relief” is the remedy a plaintiff requests from the court, such as the recovery of money

or the return of property.

(y) “Serve” and “service” are delivery of citation and the petition required by Rule 510.8, or

of a document as required by Rule 510.5.

(z) “Sworn” means signed in front of someone authorized to take oaths, such as a notary, or

signed to include the statement that the other statements in the document are true and

correct and under penalty of perjury. Filing a false sworn document can result in criminal

prosecution.

Provenance

Source
txcourts.gov
Retrieved
2026-09-15
Edition
2026-09-14
Content hash
45a308441accdbdaf7cf67352494ad290a77b27d97eec7df514e4de4e20dfc96
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Tex. R. Civ. P. 510.2 — Definitions · binding.law