Rule 619.Citation for Defendant

Last verified June 28, 2026

In one sentenceRule 619 requires the justice, when issuing a distress warrant, to issue a citation to the defendant requiring an answer at the first day of the next term of court, stating the time and place.

Full Text of Rule 619

Text size

The justice at the time he issues the warrant shall issue a citation to the defendant requiring him to answer before such justice at the first day of the next succeeding term of court, stating the time and place of holding the same, if he has jurisdiction to finally try the cause, and upon its being returned served, to proceed to judgment as in ordinary cases; and, if he has not such jurisdiction, the citation shall require the defendant to answer before the court to which the warrant was made returnable at or before ten o'clock a.m. of the Monday next after the expiration of twenty days from the date of service thereof, stating the place of holding the court, and shall be returned with the other papers to such court. If the defendant has removed from the county without service, the proper officer shall state this fact in his return on the citation; and the court shall proceed to try the case ex parte, and may enter judgment.

End

Plain-English Summary

Rule 619 ensures the defendant is brought into court. When the justice issues a distress warrant, the justice must at the same time issue a citation to the defendant, requiring the defendant to answer before the justice at the first day of the next succeeding term of court, stating the time and place.

Frequently Asked Questions

Does a defendant get a citation with a distress warrant in Texas?

Yes. Rule 619 requires the justice to issue a citation requiring the defendant to answer.

What happens if the defendant leaves the county before being served under Rule 619?

The officer notes that fact on the return, and the court must proceed to try the case ex parte; entering judgment afterward is left to the court's discretion.

When must the defendant answer if the justice can't finally try the case?

Rule 619 sets the deadline at ten o'clock a.m. on the Monday after twenty days from service, before the court to which the warrant was made returnable.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 619), 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: citation for defendant distressdistress warrant answer dateex parte distress judgmentcitation twenty days distressTRCP 619