Tex. R. Civ. P. 510.10 (2026)

(a) In a Forcible Entry and Detainer Suit.

(1) Motion for Summary Disposition. The plaintiff may, at the time of filing a sworn petition alleging a forcible entry and detainer, file a sworn motion for summary disposition without trial. The motion must set out all supporting facts, and all documents on which the motion relies must be attached.

(2) Response; Deadline. The defendant may file a response setting out supporting facts showing why the defendant may not be evicted. The response may provide documents to support it. The defendant must file the response within 4 days after the defendant is served with the petition. The court may consider a late response if the court determines that there are genuinely disputed facts and judgment has not been entered. (3) No Disputed Facts. After proper service and consideration of the sworn petition and defendant’s response, if any, the court may enter judgment for the plaintiff if there are no genuinely disputed facts.

(4) Trial. If the court determines that there are genuinely disputed facts, and a trial setting is not pending, the court must set a trial date at least 10 days after the petition’s filing, but within 21 days after the petition’s filing. The court may immediately set the case for a trial upon the defendant’s request for a trial in response to a motion for summary disposition.

(5) Judgment. Judgment entered on a motion for summary disposition has the same effect as any other judgment in an eviction suit and must comply with Rule 510.18.

(6) Notice. If a court signs a default judgment or summary disposition judgment under this section, the clerk must immediately mail written notice of the judgment by first class mail to the defendant at the address provided by the plaintiff and, if different, at the address of the premises as provided in Rule 510.16.

(b) In a Forcible Detainer Suit. In a suit alleging forcible detainer only—not forcible entry and detainer—a party may file a sworn motion for summary disposition of all or part of a claim or defense without trial. The summary disposition motion, response, hearing, and order are governed by Rule 503.2.