Rule 777.Pleading and Practice
Last verified June 28, 2026
In one sentenceRule 777 provides that the same rules of pleading, practice, and evidence that govern other civil actions govern suits for partition, except where the special partition rules provide otherwise.
Full Text of Rule 777
The same rules of pleading, practice and evidence which govern in other civil actions shall govern in suits for partition, when not in conflict with any provisions of the law or these rules relating to partition.
End
Plain-English Summary
Rule 777 fills the gaps in partition practice. The same rules of pleading, practice, and evidence that govern other civil actions govern suits for partition, when not in conflict with the special provisions of the partition rules — so the familiar procedure applies except where partition needs its own.
Frequently Asked Questions
What procedure governs a Texas partition suit?
The ordinary civil rules of pleading, practice, and evidence, except where the partition rules differ (Rule 777).
Do ordinary rules of evidence apply in a Texas partition trial?
Yes. Rule 777 applies the same evidence rules used in other civil actions.
When do the special partition rules override the general civil rules?
Only when a general rule conflicts with a specific provision of the partition rules (Rule 777).
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 777), 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: pleading and practice partitioncivil rules of evidence in partition suitgeneral pleading rules partitionpartition rules override general practiceTRCP 777