In one sentenceRule 314 lets a person who is liable confess judgment in open court without being served, if a petition is filed and the claim sworn to, any attorney's authority is filed and recited, and the resulting judgment waives record errors but stays open to attack for fraud.
Any person against whom a cause of action exists may, without process, appear in person or by attorney, and confess judgment therefor in open court as follows:
(a)A petition shall be filed and the justness of the debt or cause of action be sworn to by the person in whose favor the judgment is confessed.
(b)If the judgment is confessed by attorney, the power of attorney shall be filed and its contents be recited in the judgment.
(c)Every such judgment duly made shall operate as a release of all errors in the record thereof, but such judgment may be impeached for fraud or other equitable cause.
End
Plain-English Summary
Rule 314 lets a defendant agree to judgment instead of fighting it. A person against whom a cause of action exists may, without process, appear in person or by attorney and confess judgment in open court. The rule sets the steps. A petition must be filed and the justness of the debt or cause of action sworn to by the person in whose favor the judgment is confessed. If an attorney confesses the judgment, the power of attorney must be filed and its contents recited in the judgment.
A confessed judgment is hard to undo for ordinary error. Every such judgment, duly made, operates as a release of all errors in its record — so it generally cannot be appealed on those grounds — but it may still be impeached for fraud or other equitable cause.
Frequently Asked Questions
What is a confession of judgment under Texas Rule 314?
A defendant's agreement, in open court and without service of process, to let judgment be entered, supported by a sworn petition and, if an attorney acts, a filed power of attorney recited in the judgment.
Can a confessed judgment be challenged?
It releases ordinary errors in the record, but Rule 314 lets it be impeached for fraud or other equitable cause.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 314), 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:confession of judgmentconfess judgmentrelease of errorspower of attorney judgmentTRCP 314