Rule 240.Where Only Some Answer

Last verified June 28, 2026

In one sentenceRule 240 lets the court enter an interlocutory default against defendants who defaulted while the case proceeds or is postponed as to the defendants who answered or were not duly served.

Full Text of Rule 240

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Where there are several defendants, some of whom have answered or have not been duly served and some of whom have been duly served and have made default, an interlocutory judgment by default may be entered against those who have made default, and the cause may proceed or be postponed as to the others.

End

Plain-English Summary

Rule 240 covers the case with several defendants where some default and others do not. When some defendants have answered or were not duly served, and others were duly served but made default, the court may enter an interlocutory default judgment against the defaulting defendants, and the case may proceed or be postponed as to the rest.

Frequently Asked Questions

Can you default one defendant when others have answered in Texas?

Yes. Rule 240 allows an interlocutory default against the defendants who defaulted, while the case continues as to those who answered or were not duly served.

What is an interlocutory default judgment under Rule 240?

A default entered against defendants who were duly served and defaulted, while the case as a whole has not yet been resolved against the other defendants.

What happens to the case against the defendants who did answer?

Rule 240 lets it proceed or be postponed as to them, separate from the interlocutory default entered against the defendants who failed to answer.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 240), 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: where only some answerinterlocutory defaultmultiple defendants defaultTRCP 240