Rule 315.Remittitur

Last amended January 1, 1988 · Last verified June 28, 2026

In one sentenceRule 315 lets a party who won a judgment give up part of it — by remitting in open court or by filing a signed, acknowledged written remittitur with the clerk — after which execution issues only for the reduced balance.

Full Text of Rule 315

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Any party in whose favor a judgment has been rendered may remit any part thereof in open court, or by executing and filing with the clerk a written remittitur signed by the party or the party's attorney of record, and duly acknowledged by the party or the party's attorney. Such remittitur shall be a part of the record of the cause. Execution shall issue for the balance only of such judgment.

End

Plain-English Summary

Rule 315 lets the winner shrink its own judgment. A party in whose favor a judgment has been rendered may remit any part of it in open court, or by executing and filing a written remittitur with the clerk, signed by the party or the party's attorney of record and duly acknowledged. The remittitur becomes part of the record of the cause.

After a remittitur, execution issues for the balance of the judgment only. This is a voluntary giving-up by the prevailing party, distinct from a remittitur a court may suggest as a condition of avoiding a new trial.

Frequently Asked Questions

What is a remittitur under Rule 315?

A prevailing party's voluntary giving-up of part of its judgment, made in open court or by a filed, signed, and acknowledged written remittitur.

What happens to execution after a remittitur?

Execution issues for the remaining balance of the judgment only.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 315), 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: remittiturremit part of judgmentvoluntary remittiturTRCP 315