Rule 788.May File Plea of "not Guilty" Only
Last verified June 28, 2026
In one sentenceRule 788 limits the defendant's answer in trespass to try title to the plea of “not guilty” — a denial of the injury alleged — adding that a defendant who seeks an allowance for improvements must state the facts entitling him to it.
Full Text of Rule 788
The defendant in such action may file only the plea of "not guilty," which shall state in substance that he is not guilty of the injury complained of in the petition filed by the plaintiff against him, except that if he claims an allowance for improvements, he shall state the facts entitling him to the same.
End
Plain-English Summary
Rule 788 channels the defense into one plea. The defendant answers “not guilty,” meaning he is not guilty of the injury the petition complains of. That single plea opens the door to the defenses Rule 789 allows. The one addition the rule requires: a defendant who wants to be paid for improvements he made must plead the facts that entitle him to that allowance.
Frequently Asked Questions
What answer does a defendant file in a Texas trespass-to-try-title suit?
The plea of “not guilty,” which denies the injury alleged in the petition (Rule 788).
What if the defendant made improvements to the land?
He must state in his answer the facts that entitle him to an allowance for those improvements (Rule 788).
Can a defendant raise more than one plea in a trespass-to-try-title case?
No. Rule 788 confines the defendant to the single plea of not guilty, though a defendant seeking an allowance for improvements must add the facts supporting that claim.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 788), 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: plea of not guilty trespass to try titlenot guilty plea land suitdenying the injury allegedimprovements allowance in the answerTRCP 788