Rule 136.Demand Reduced by Payments
Last verified June 28, 2026
In one sentenceRule 136 awards the defendant its costs when payments reduce the plaintiff's demand below the court's jurisdiction.
Full Text of Rule 136
Where the plaintiff's demand is reduced by payment to an amount which would not have been within the jurisdiction of the court, the defendant shall recover his costs.
End
Plain-English Summary
Rule 136 addresses a shrinking claim. When payments cut the plaintiff's demand down to an amount that would have been below the court's jurisdiction, the defendant recovers its costs. The plaintiff who could have sued in a lower court bears the cost consequence.
Frequently Asked Questions
What happens to costs if a claim is paid down below the court's jurisdiction in Texas?
Under Rule 136, the defendant recovers its costs.
Why does Rule 136 tie costs to the court's jurisdictional amount?
Because payments that shrink the plaintiff's demand below what the court could hear mean the suit could have been filed in a lower court. Rule 136 makes the defendant recover its costs in that situation.
Does Rule 136 apply when the demand was below the court's jurisdiction from the start?
No. Rule 136 addresses a demand reduced by payment down to that level, not a claim that was already too small when filed.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 136), 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: demand reduced by paymentsjurisdictional amountdefendant recovers costsTRCP 136