In one sentenceRule 701 lets the defendant, at any time before judgment, replevy sequestered property that has not been claimed, replevied, or sold, by giving the bond the rule requires.
Full Text of Rule 701
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At any time before judgment, should the sequestered property not have been previously claimed, replevied, or sold, the defendant may replevy the same, or any part thereof, or the proceeds from the sale of the property if it has been sold under order of the court, by giving bond, with sufficient surety or sureties as provided by statute, to be approved by the officer who levied the writ, payable to plaintiff in the amount fixed by the court's order, conditioned as provided in Rule 702 or Rule 703. On reasonable notice to the opposing party (which may be less than three days) either party shall have the right to prompt judicial review of the amount of bond required, denial of bond, sufficiency of sureties, and estimated value of the property, by the court which authorized issuance of the writ. The court's determination may be made upon the basis of affidavits, if uncontroverted, setting forth such facts as would be admissible in evidence; otherwise, the parties shall submit evidence. The court shall forthwith enter its order either approving or modifying the requirements of the officer or of the court's prior order, and such order of the court shall supersede and control with respect to such matters.
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Plain-English Summary
Rule 701 gives the defendant a way to recover possession. At any time before judgment, if the sequestered property has not been previously claimed, replevied, or sold, the defendant may replevy it — or any part of it — by giving the bond the following rules require, restoring possession while the suit is decided.
Frequently Asked Questions
Can a defendant get sequestered property back in Texas?
Yes. Rule 701 lets the defendant replevy it before judgment by posting the required bond.
Can a Texas defendant replevy sale proceeds instead of the property itself?
Yes. If the property was already sold under a court order, Rule 701 lets the defendant replevy the proceeds of that sale instead.
Can a defendant challenge the sequestration bond amount before judgment in Texas?
Yes. Rule 701 gives either party the right to prompt judicial review of the bond amount, denial of bond, sufficiency of sureties, or the property's estimated value, on reasonable notice that may be less than three days.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 701), 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:defendant may replevy sequestrationreplevy sequestered propertyjudicial review of replevy bondTRCP 701