Rule 302.On Counterclaim
Last amended April 1, 1984 · Last verified June 28, 2026
In one sentenceRule 302 directs the court to render judgment for the defendant for the excess when the defendant's counterclaim demand exceeds the plaintiff's established claim.
Full Text of Rule 302
If the defendant establishes a demand against the plaintiff upon a counterclaim exceeding that established against him by the plaintiff, the court shall render judgment for defendant for such excess.
End
Plain-English Summary
Rule 302 handles offsetting claims. If the defendant establishes a counterclaim demand against the plaintiff that exceeds the amount the plaintiff established, the court renders judgment for the defendant for that excess.
Frequently Asked Questions
What happens if a counterclaim is larger than the plaintiff's claim in Texas?
Under Rule 302, the court renders judgment for the defendant for the excess of the counterclaim over the plaintiff's established claim.
Does a Texas defendant have to prove the counterclaim amount to win the excess?
Yes. Rule 302 requires the defendant to establish a counterclaim demand that exceeds what the plaintiff established before the court will award the defendant the excess.
Who does the court rule for under Rule 302?
Rule 302 renders judgment for the defendant, for the amount by which the proven counterclaim exceeds the plaintiff's proven claim.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 302), 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: judgment on counterclaimcounterclaim excessdefendant judgment for excesscounterclaim exceeds plaintiff's claimTRCP 302