Rule 726.Judgment of Non-Suit
Last verified June 28, 2026
In one sentenceRule 726 provides that if the plaintiff in the writ does not appear at the trial of the right of property, the plaintiff is non-suited and the claimant keeps the property.
Full Text of Rule 726
If the plaintiff does not appear, he shall be non-suited.
End
Plain-English Summary
Rule 726 is the mirror image of the default rule. If the plaintiff in the writ does not appear at the trial of the right of property, the plaintiff is non-suited — the claim against the property is dismissed, and the claimant keeps it.
Frequently Asked Questions
What if the seizing party doesn't appear in a Texas property claim?
The plaintiff is non-suited (Rule 726).
Does a Rule 726 non-suit decide who owns the property?
No. It only ends the plaintiff's pursuit of that claim; it doesn't reach a decision on title.
Is a Rule 726 non-suit different from a default judgment under Rule 725?
Yes — Rule 725 defaults the claimant who doesn't show; Rule 726 non-suits the plaintiff who doesn't show, with the opposite result.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 726), 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 of non-suit trial of right of propertyplaintiff fails to appear property claimnon-suit trial of right of propertyseizing party abandons property claimTRCP 726