Rule 800.Proof Ex Parte

Last verified June 28, 2026

In one sentenceRule 800 requires the plaintiff to make a prima facie case before judgment when the defendant was cited only by publication and does not appear, or when an answering defendant fails to appear for trial on the merits.

Full Text of Rule 800

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If the defendant has been cited only by publication, and fails to appear and answer by himself, or by attorney of his own selection, or if any defendant, having answered, fails to appear by himself or attorney when the case is called for trial on its merits, the plaintiff shall make such proof as will entitle him prima facie to recover, whereupon the proper judgment shall be entered.

End

Plain-English Summary

Rule 800 guards the absent defendant. Where service was only by publication and the defendant does not appear, or where a defendant who answered then fails to show for trial, the plaintiff cannot take the land by default. He must put on proof enough to recover prima facie, and only then does the proper judgment follow.

Frequently Asked Questions

What must a plaintiff prove when the defendant was served by publication?

A prima facie case for recovery; default alone is not enough (Rule 800).

Which defendants does Rule 800 protect?

A defendant served only by publication who never appears, and a defendant who answered but fails to show up for trial on the merits.

What must the plaintiff show to win under Rule 800?

Proof enough to recover prima facie — evidence that, standing alone, entitles him to judgment, not merely the defendant's absence.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 800), 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: prima facie proof service by publicationpublication service no appearance proofprima facie proof requireddefendant absent from trial on meritsTRCP 800