If the defendant establishes a demand against the plaintiff upon a counterclaim exceeding that established against him by the plaintiff, the court shall render judgment for defendant for such excess.
Texas > Texas Rules of Civil Procedure > PART II – RULES OF PRACTICE IN DISTRICT AND COUNTY COURTS > RULE 302. ON COUNTERCLAIM
RULE 302. ON COUNTERCLAIM
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- PART II – RULES OF PRACTICE IN DISTRICT AND COUNTY COURTS
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- [RULE 200. Repealed effective January 1, 1999; see, Rule 199.1 et seq.]
- [RULE 201. Repealed effective January 1, 1999; see, Rules 176.6 and 199]
- [RULE 202. Repealed effective January 1, 1999; see, Rules 199.1 and 203.6]
- [RULE 203. Repealed effective January 1, 1999; see, Rules 176.8 and 215]
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- [RULE 206 to 208. Repealed effective January 1, 1999]
- [RULE 208a. Repealed effective April 1, 1984]
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- [RULE 21c. Repealed effective September 1, 1986]
- [RULE 242. Repealed effective December 31, 1941]
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- [RULE 256. Repealed effective September 1, 1941]
- [RULE 260. Repealed effective September 1, 1990]
- [RULE 306d. Repealed effective April 1, 1984]
- [RULE 323. Repealed effective January 1, 1978]
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- RULE 103. WHO MAY SERVE
- RULE 105. DUTY OF OFFICER OR PERSON RECEIVING
- RULE 106. METHOD OF SERVICE
- RULE 107. RETURN OF SERVICE
- RULE 108. SERVICE IN ANOTHER STATE
- RULE 108a. SERVICE OF PROCESS IN FOREIGN COUNTRIES
- RULE 109. CITATION BY PUBLICATION
- RULE 109a. OTHER SUBSTITUTED SERVICE
- RULE 110. EFFECT OF RULES ON OTHER STATUTES
- RULE 111. CITATION BY PUBLICATION IN ACTION AGAINST UNKNOWN HEIRS OR STOCKHOLDERS OF DEFUNCT CORPORATIONS
- RULE 112. PARTIES TO ACTIONS AGAINST UNKNOWN OWNERS OR CLAIMANTS OF INTEREST IN LAND
- RULE 113. CITATION BY PUBLICATION IN ACTIONS AGAINST UNKNOWN OWNERS OR CLAIMANTS OF INTEREST IN LAND
- RULE 114. CITATION BY PUBLICATION; REQUISITES
- RULE 115. FORM OF PUBLISHED CITATION IN ACTIONS INVOLVING LAND
- RULE 116. SERVICE OF CITATION BY PUBLICATION
- RULE 117. RETURN OF CITATION BY PUBLICATION
- RULE 117a. CITATION IN SUITS FOR DELINQUENT AD VALOREM TAXES
- RULE 118. AMENDMENT
- RULE 119. ACCEPTANCE OF SERVICE
- RULE 119a. COPY OF DECREE
- RULE 120. ENTERING APPEARANCE
- RULE 120a. SPECIAL APPEARANCE
- RULE 121. ANSWER IS APPEARANCE
- RULE 122. CONSTRUCTIVE APPEARANCE
- RULE 123. REVERSAL OF JUDGMENT
- RULE 124. NO JUDGMENT WITHOUT SERVICE
- RULE 125. PARTIES RESPONSIBLE
- RULE 126. FEE FOR SERVICE OF PROCESS IN A COUNTY OTHER THAN IN THE COUNTY OF SUIT
- RULE 127. PARTIES LIABLE FOR OTHER COSTS
- RULE 129. HOW COSTS COLLECTED
- RULE 130. OFFICER TO LEVY
- RULE 131. SUCCESSFUL PARTY TO RECOVER
- RULE 133. COSTS OF MOTION
- RULE 136. DEMAND REDUCED BY PAYMENTS
- RULE 137. IN ASSAULT AND BATTERY, ETC.
- RULE 138. COST OF NEW TRIALS
- RULE 139. ON APPEAL AND CERTIORARI
- RULE 140. NO FEE FOR COPY
- RULE 141. COURT MAY OTHERWISE ADJUDGE COSTS
- RULE 142. SECURITY FOR COSTS
- RULE 143. RULE FOR COSTS
- RULE 143a. COSTS ON APPEAL TO COUNTY COURT
- RULE 144. JUDGMENT ON COST BOND
- RULE 145. PAYMENT OF COSTS NOT REQUIRED
- RULE 146. DEPOSIT FOR COSTS
- RULE 147. APPLIES TO ANY PARTY
- RULE 148. SECURED BY OTHER BOND
- RULE 149. EXECUTION FOR COSTS
- RULE 15. WRITS AND PROCESS
- RULE 150. DEATH OF PARTY
- RULE 151. DEATH OF PLAINTIFF
- RULE 152. DEATH OF DEFENDANT
- RULE 153. WHEN EXECUTOR, ETC. DIES
- RULE 154. REQUISITES OF SCIRE FACIAS
- RULE 155. SURVIVING PARTIES
- RULE 156. DEATH AFTER VERDICT OR CLOSE OF EVIDENCE
- RULE 158. SUIT FOR THE USE OF ANOTHER
- RULE 159. SUIT FOR INJURIES RESULTING IN DEATH
- RULE 16. SHALL ENDORSE ALL PROCESS
- RULE 160. DISSOLUTION OF CORPORATION
- RULE 161. WHERE SOME DEFENDANTS NOT SERVED
- RULE 162. DISMISSAL OR NON-SUIT
- RULE 163. DISMISSAL AS TO PARTIES SERVED, ETC.
- RULE 165. ABANDONMENT
- RULE 165a. DISMISSAL FOR WANT OF PROSECUTION
- RULE 166. PRE-TRIAL CONFERENCE
- RULE 166a. SUMMARY JUDGMENT
- RULE 167. OFFER OF SETTLEMENT; AWARD OF LITIGATION COSTS
- RULE 168. PERMISSION TO APPEAL
- RULE 169. EXPEDITED ACTIONS
- RULE 17. OFFICER TO EXECUTE PROCESS
- RULE 171. MASTER IN CHANCERY
- RULE 172. AUDIT
- RULE 173. GUARDIAN AD LITEM
- RULE 174. CONSOLIDATION; SEPARATE TRIALS
- RULE 175. ISSUE OF LAW AND DILATORY PLEAS
- RULE 176. SUBPOENAS
- RULE 18. WHEN JUDGE DIES DURING TERMS, RESIGNS OR IS DISABLED
- RULE 180. REFUSAL TO TESTIFY
- RULE 181. PARTY AS WITNESS
- RULE 183. INTERPRETERS
- RULE 185. SUIT ON ACCOUNT
- RULE 18a. RECUSAL AND DISQUALIFICATION OF JUDGES
- RULE 18b. GROUNDS FOR RECUSAL AND DISQUALIFICATION OF JUDGES
- RULE 18c. RECORDING AND BROADCASTING OF COURT PROCEEDINGS
- RULE 19. NON-ADJOURNMENT OF TERM
- RULE 190. DISCOVERY LIMITATIONS
- RULE 191. MODIFYING DISCOVERY PROCEDURES AND LIMITATIONS; CONFERENCE REQUIREMENT; SIGNING DISCLOSURES; DISCOVERY REQUESTS, RESPONSES, AND OBJECTIONS; FILING REQUIREMENTS
- RULE 192. PERMISSIBLE DISCOVERY: FORMS AND SCOPE; WORK PRODUCT; PROTECTIVE ORDERS; DEFINITIONS
- RULE 193. WRITTEN DISCOVERY: RESPONSE; OBJECTION; ASSERTION OF PRIVILEGE; SUPPLEMENTATION AND AMENDMENT; FAILURE TO TIMELY RESPOND; PRESUMPTION OF AUTHENTICITY
- RULE 194. REQUIRED DISCLOSURES IN SUITS NOT GOVERNED BY THE FAMILY CODE
- RULE 194a. REQUESTS FOR DISCLOSURE IN SUITS GOVERNED BY THE FAMILY CODE
- RULE 195. DISCOVERY REGARDING TESTIFYING EXPERT WITNESSES IN SUITS NOT GOVERNED BY THE FAMILY CODE
- RULE 195a. DISCOVERY REGARDING TESTIFYING EXPERTS IN SUITS GOVERNED BY THE FAMILY CODE
- RULE 196. REQUESTS FOR PRODUCTION AND INSPECTION TO PARTIES; REQUESTS AND MOTIONS FOR ENTRY UPON PROPERTY
- RULE 197. INTERROGATORIES TO PARTIES
- RULE 198. REQUESTS FOR ADMISSIONS
- RULE 199. DEPOSITIONS UPON ORAL EXAMINATION
- RULE 20. MINUTES READ AND SIGNED
- RULE 200. DEPOSITIONS UPON WRITTEN QUESTIONS
- RULE 201. DEPOSITIONS IN FOREIGN JURISDICTIONS FOR USE IN TEXAS PROCEEDINGS; DEPOSITIONS IN TEXAS FOR USE IN FOREIGN PROCEEDINGS
- RULE 202. DEPOSITIONS BEFORE SUIT OR TO INVESTIGATE CLAIMS
- RULE 203. SIGNING, CERTIFICATION AND USE OF ORAL AND WRITTEN DEPOSITIONS
- RULE 204. PHYSICAL AND MENTAL EXAMINATION
- RULE 205. DISCOVERY FROM NON-PARTIES
- RULE 21. FILING AND SERVING PLEADINGS AND MOTIONS
- RULE 215. ABUSE OF DISCOVERY; SANCTIONS
- RULE 216. REQUEST FOR JURY TRIAL
- RULE 217. OATH OF INABILITY
- RULE 218. JURY DOCKET
- RULE 219. JURY TRIAL DAY
- RULE 21a. METHODS OF SERVICE
- RULE 21b. SANCTIONS FOR FAILURE TO SERVE OR DELIVER COPY OF PLEADINGS AND MOTIONS
- RULE 21c. PRIVACY PROTECTION FOR FILED DOCUMENTS
- RULE 21d. APPEARANCES AT COURT PROCEEDINGS
- RULE 22. COMMENCED BY PETITION
- RULE 220. WITHDRAWING CAUSE FROM JURY DOCKET
- RULE 221. CHALLENGE TO THE ARRAY
- RULE 222. WHEN CHALLENGE IS SUSTAINED
- RULE 223. JURY LIST IN CERTAIN COUNTIES
- RULE 224. PREPARING JURY LIST
- RULE 225. SUMMONING TALESMAN
- RULE 226. OATH TO JURY PANEL
- RULE 226a. INSTRUCTIONS TO JURY PANEL AND JURY
- RULE 227. CHALLENGE TO JUROR
- RULE 228. “CHALLENGE FOR CAUSE” DEFINED
- RULE 229. CHALLENGE FOR CAUSE
- RULE 23. SUITS TO BE NUMBERED CONSECUTIVELY
- RULE 230. CERTAIN QUESTIONS NOT TO BE ASKED
- RULE 231. NUMBER REDUCED BY CHALLENGES
- RULE 232. MAKING PEREMPTORY CHALLENGES
- RULE 233. NUMBER OF PEREMPTORY CHALLENGES
- RULE 234. LISTS RETURNED TO THE CLERK
- RULE 235. IF JURY IS INCOMPLETE
- RULE 236. OATH TO JURY
- RULE 237. APPEARANCE DAY
- RULE 237a. CASES REMANDED FROM FEDERAL COURT
- RULE 238. CALL OF APPEARANCE DOCKET
- RULE 239. JUDGMENT BY DEFAULT
- RULE 239a. NOTICE OF DEFAULT JUDGMENT
- RULE 24. DUTY OF CLERK
- RULE 240. WHERE ONLY SOME ANSWER
- RULE 241. ASSESSING DAMAGES ON LIQUIDATED DEMANDS
- RULE 243. UNLIQUIDATED DEMANDS
- RULE 244. ON SERVICE BY PUBLICATION
- RULE 245. ASSIGNMENT OF CASES FOR TRIAL
- RULE 246. CLERK TO GIVE NOTICE OF SETTINGS
- RULE 247. TRIED WHEN SET
- RULE 248. JURY CASES
- RULE 249. CALL OF NON-JURY DOCKET
- RULE 25. CLERK’S FILE DOCKET
- RULE 251. CONTINUANCE
- RULE 252. APPLICATION FOR CONTINUANCE
- RULE 253. ABSENCE OF COUNSEL AS GROUND FOR CONTINUANCE
- RULE 254. ATTENDANCE ON LEGISLATURE
- RULE 255. CHANGE OF VENUE BY CONSENT
- RULE 257. GRANTED ON MOTION
- RULE 258. SHALL BE GRANTED
- RULE 259. TO WHAT COUNTY
- RULE 26. CLERK’S COURT DOCKET
- RULE 261. TRANSCRIPT ON CHANGE
- RULE 262. TRIAL BY THE COURT
- RULE 263. AGREED CASE
- RULE 264. VIDEOTAPE TRIAL
- RULE 265. ORDER OF PROCEEDINGS ON TRIAL BY JURY
- RULE 266. OPEN AND CLOSE – ADMISSION
- RULE 267. WITNESSES PLACED UNDER RULE
- RULE 268. MOTION FOR INSTRUCTED VERDICT
- RULE 269. ARGUMENT
- RULE 27. ORDER OF CASES
- RULE 270. ADDITIONAL TESTIMONY
- RULE 271. CHARGE TO THE JURY
- RULE 272. REQUISITES
- RULE 273. JURY SUBMISSIONS
- RULE 274. OBJECTIONS AND REQUESTS
- RULE 275. CHARGE READ BEFORE ARGUMENT
- RULE 276. REFUSAL OR MODIFICATION
- RULE 277. SUBMISSION TO THE JURY
- RULE 278. SUBMISSION OF QUESTIONS, DEFINITIONS, AND INSTRUCTIONS
- RULE 279. OMISSIONS FROM THE CHARGE
- RULE 28. SUITS IN ASSUMED NAME
- RULE 280. PRESIDING JUROR OF JURY
- RULE 281. PAPERS TAKEN TO JURY ROOM
- RULE 282. JURY KEPT TOGETHER
- RULE 283. DUTY OF OFFICER ATTENDING JURY
- RULE 284. JUDGE TO CAUTION JURY
- RULE 285. JURY MAY COMMUNICATE WITH COURT
- RULE 286. JURY MY RECEIVE FURTHER INSTRUCTIONS
- RULE 287. DISAGREEMENT AS TO EVIDENCE
- RULE 288. COURT OPEN FOR JURY
- RULE 289. DISCHARGE OF JURY
- RULE 29. SUIT ON CLAIM AGAINST DISSOLVED CORPORATION
- RULE 290. DEFINITION AND SUBSTANCE
- RULE 291. FORM OF VERDICT
- RULE 292. VERDICT BY PORTION OF ORIGINAL JURY
- RULE 293. WHEN THE JURY AGREE
- RULE 294. POLLING THE JURY
- RULE 295. CORRECTION OF VERDICT
- RULE 296. REQUESTS FOR FINDINGS OF FACTS AND CONCLUSIONS OF LAW
- RULE 297. TIME TO SEND FINDINGS OF FACT AND CONCLUSIONS OF LAW
- RULE 298. ADDITIONAL OR AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW
- RULE 299. OMITTED FINDINGS
- RULE 299a FINDINGS OF FACT TO BE SEPARATELY SENT AND NOT RECITED IN A JUDGMENT
- RULE 30. PARTIES TO SUITS
- RULE 300. COURT TO RENDER JUDGMENT
- RULE 301. JUDGMENTS
- RULE 302. ON COUNTERCLAIM
- RULE 303. ON COUNTERCLAIM FOR COSTS
- RULE 304. JUDGMENT UPON RECORD
- RULE 305. PROPOSED JUDGMENT
- RULE 306. RECITATION OF JUDGMENT
- RULE 306a. PERIODS TO RUN FROM SIGNING OF JUDGMENT
- RULE 306b. ADVICE OF RIGHT TO APPEAL IN ORDERS CERTIFYING A CHILD TO STAND TRIAL AS AN ADULT
- RULE 306c. PREMATURELY FILED DOCUMENTS
- RULE 307. EXCEPTIONS, ETC., TRANSCRIPT
- RULE 308. COURT SHALL ENFORCE ITS DECREES
- RULE 308a. IN SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP
- RULE 308b. DETERMINING THE ENFORCEABILITY OF A JUDGMENT OR ARBITRATION AWARD BASED ON FOREIGN LAW IN CERTAIN SUITS UNDER THE FAMILY CODE
- RULE 309. IN FORECLOSURE PROCEEDINGS
- RULE 31. SURETY NOT TO BE SUED ALONE
- RULE 310. WRIT OF POSSESSION
- RULE 311. ON APPEAL FROM PROBATE COURT
- RULE 312. ON APPEAL FROM JUSTICE COURT
- RULE 313. AGAINST EXECUTORS, ETC.
- RULE 314. CONFESSION OF JUDGMENT
- RULE 315. REMITTITUR
- RULE 316. CORRECTION OF CLERICAL MISTAKES IN JUDGMENT RECORD
- RULE 32. MAY HAVE QUESTION OF SURETYSHIP TRIED
- RULE 320. MOTION AND ACTION OF COURT THEREON
- RULE 321. FORM
- RULE 322. GENERALITY TO BE AVOIDED
- RULE 324. PREREQUISITES OF APPEAL
- RULE 326. NOT MORE THAN TWO
- RULE 327. FOR JURY MISCONDUCT
- RULE 329. MOTION FOR NEW TRIAL ON JUDGMENT FOLLOWING CITATION BY PUBLICATION
- RULE 329a. COUNTY COURT CASES
- RULE 329b. TIME FOR FILING MOTIONS
- RULE 33. SUITS BY OR AGAINST COUNTIES
- RULE 330. RULES OF PRACTICE AND PROCEDURE IN CERTAIN DISTRICT COURTS
- RULE 34. AGAINST SHERIFF, ETC.
- RULE 35. ON OFFICIAL BONDS
- RULE 36. DIFFERENT OFFICIALS AND BONDSMEN
- RULE 37. ADDITIONAL PARTIES
- RULE 38. THIRD-PARTY PRACTICE
- RULE 39. JOINDER OF PERSONS NEEDED FOR JUST ADJUDICATION
- RULE 40. PERMISSIVE JOINDER OF PARTIES
- RULE 41. MISJOINDER OR NON-JOINDER OF PARTIES
- RULE 42. CLASS ACTIONS
- RULE 43. INTERPLEADER
- RULE 44. MAY APPEAR BY NEXT FRIEND
- RULE 45. DEFINITION AND SYSTEM
- RULE 46. PETITION AND ANSWER; EACH ONE INSTRUMENT OF WRITING
- RULE 47. CLAIMS FOR RELIEF
- RULE 48. ALTERNATIVE CLAIMS FOR RELIEF
- RULE 49. WHERE SEVERAL COUNTS
- RULE 50. PARAGRAPHS, SEPARATE STATEMENTS
- RULE 51. JOINDER OF CLAIMS AND REMEDIES
- RULE 52. ALLEGING A CORPORATION
- RULE 53. SPECIAL ACT OR LAW
- RULE 54. CONDITIONS PRECEDENT
- RULE 55. JUDGMENT
- RULE 56. SPECIAL DAMAGE
- RULE 57. SIGNING OF PLEADINGS
- RULE 58. ADOPTION BY REFERENCE
- RULE 59. EXHIBITS AND PLEADING
- RULE 60. INTERVENOR’S PLEADINGS
- RULE 61. TRIAL: INTERVENORS: RULES APPLY TO ALL PARTIES
- RULE 62. AMENDMENT DEFINED
- RULE 63. AMENDMENTS AND RESPONSIVE PLEADINGS
- RULE 64. AMENDED INSTRUMENT
- RULE 65. SUBSTITUTED INSTRUMENT TAKES PLACE OF ORIGINAL
- RULE 66. TRIAL AMENDMENT
- RULE 67. AMENDMENTS TO CONFORM TO ISSUES TRIED WITHOUT OBJECTION
- RULE 68. COURT MAY ORDER REPLEADER
- RULE 69. SUPPLEMENTAL PETITION OR ANSWER
- RULE 70. PLEADING: SURPRISE: COST
- RULE 71. MISNOMER OF PLEADING
- RULE 81. DEFENSIVE MATTERS
- RULE 82. SPECIAL DEFENSES
- RULE 83. ANSWER; ORIGINAL AND SUPPLEMENTAL; INDORSEMENT
- RULE 84. ANSWER MAY INCLUDE SEVERAL MATTERS
- RULE 85. ORIGINAL ANSWER; CONTENTS
- RULE 86. MOTION TO TRANSFER VENUE
- RULE 87. DETERMINATION OF MOTION TO TRANSFER
- RULE 88. DISCOVERY AND VENUE
- RULE 89. TRANSFERRED IF MOTION IS SUSTAINED
- RULE 90. WAIVER OF DEFECTS IN PLEADING
- RULE 91. SPECIAL EXCEPTIONS
- RULE 91a. DISMISSAL OF BASELESS CAUSES OF ACTION
- RULE 92. GENERAL DENIAL
- RULE 93. CERTAIN PLEAS TO BE VERIFIED
- RULE 94. AFFIRMATIVE DEFENSES
- RULE 95. PLEAS OF PAYMENT
- RULE 96. NO DISCONTINUANCE
- RULE 97. COUNTERCLAIM AND CROSS-CLAIM
- RULE 98. SUPPLEMENTAL ANSWERS
- RULE 99. ISSUANCE AND FORM OF CITATION
- PART III – RULES OF PRACTICE IN THE BUSINESS COURT
- PART IV – RULES OF PRACTICE FOR THE SUPREME COURT [REPEALED]
- PART V – RULES OF PRACTICE IN JUSTICE COURTS
- PART VI – RULES RELATING TO ANCILLARY PROCEEDINGS
- PART VII – RULES RELATING TO SPECIAL PROCEEDINGS
- PART VIII – CLOSING RULES
- Texas Rules of Evidence
- Texas Rules of Judicial Administration
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