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Rule 241.Assessing Damages on Liquidated Demands

Last amended April 1, 1984 · Last verified June 28, 2026

In one sentenceRule 241 has the court assess damages and render final judgment on a default when the claim is liquidated and proved by a written instrument, unless the defendant is entitled to and demands a jury.

Full Text of Rule 241

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When a judgment by default is rendered against the defendant, or all of several defendants, if the claim is liquidated and proved by an instrument in writing, the damages shall be assessed by the court, or under its direction, and final judgment shall be rendered therefor, unless the defendant shall demand and be entitled to a trial by jury.
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Plain-English Summary

Rule 241 sets how damages are fixed after a default on a liquidated claim. When the claim is liquidated and proved by a written instrument, the court — or someone under its direction — assesses the damages and renders final judgment for that amount. The exception is a defendant who is entitled to and demands a trial by jury.

Frequently Asked Questions

How are damages set on a default judgment for a liquidated claim in Texas?

Under Rule 241, if the claim is liquidated and proved by a written instrument, the court assesses the damages and renders final judgment, unless the defendant demands and is entitled to a jury.

Who assesses damages when a liquidated claim is proved by a written instrument?

The court, or someone acting under its direction, assesses the damages and renders final judgment for that amount under Rule 241.

When does a jury set damages on a liquidated default judgment instead of the court?

Only when the defendant demands and is entitled to a jury trial. Rule 241 makes that the sole exception to the court assessing damages itself.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 241), 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: assessing damages liquidated demandliquidated damages defaultdamages on defaultTRCP 241