Rule 299.Omitted Findings

Last amended May 28, 2024 · Last verified June 28, 2026

In one sentenceRule 299 makes the court's findings the basis of the judgment and bars supporting a judgment by a presumed finding on a ground with no element found, while supplying omitted unrequested elements of a partly found ground by presumption.

Full Text of Rule 299

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When findings of fact are sent by the trial court they must form the basis of the judgment upon all grounds of recovery and of defense embraced therein. The judgment may not be supported upon appeal by a presumed finding upon any ground of recovery or defense, no element of which has been included in the findings of fact; but when one or more elements thereof have been found by the trial court, omitted unrequested elements, when supported by evidence, will be supplied by presumption in support of the judgment. Refusal of the court to make a finding requested is reviewable on appeal.

End

Plain-English Summary

Rule 299 controls the effect of the court's findings. When findings of fact are sent, they form the basis of the judgment on the grounds of recovery and defense they embrace. A judgment cannot be supported on appeal by a presumed finding on a ground no element of which was found. But when the court has found one or more elements of a ground, the omitted unrequested elements — if supported by evidence — are supplied by presumption in support of the judgment. The court's refusal to make a requested finding is reviewable on appeal.

Frequently Asked Questions

What are presumed findings under Rule 299?

When the trial court finds some elements of a ground but omits others that are unrequested and supported by evidence, Rule 299 supplies those omitted elements by presumption to support the judgment. But a ground with no element found cannot be presumed.

Can you appeal a Texas judge's refusal to make a requested finding?

Yes. Rule 299 makes the court's refusal to make a requested finding reviewable on appeal.

What findings support a Texas judgment after a bench trial?

Under Rule 299, the findings of fact the trial court sends form the basis of the judgment on every ground of recovery and defense they cover.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 299), 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: omitted findingspresumed findingsdeemed findingsimplied findingsTRCP 299