Rule 306. Recitation of Judgment
TEXT
The entry of the judgment shall contain the full names of the parties, as stated in the pleadings, for and against whom the judgment is rendered, and shall carefully recite the finding of the jury, or the several findings, if more than one, upon which the judgment of the court is based.
Source: State Rules 63 and 64 (for District and County Courts) combined but otherwise unchanged.
Oct. 29, 1940, eff. Sept. 1, 1941.AMENDMENTS
| Prior Amendments | Future Amendments |
|---|---|
| July 21, 1970, eff. Jan. 1, 1971 | |
| Feb. 13, 2012 eff. Mar. 1, 2012 |
ADVISORY OPINIONS
Question: Does Rule 306 require the trial court's judgment to recite sufficient facts to show upon what ground or grounds the judgment is predicated in a trespass to try title suit?
Answer: No. Rule 306 is merely a carrying forward of old district and county court Rules 63 and 64, and that portion of said rule which provides that the judgment "shall carefully recite the finding of the jury, or the findings, if more than one, upon which the judgment of the court is based" has special application to a recitation of jury findings, and does not require the court to insert in his judgment the fact findings made by the court when the case is tried without a jury.
5 Tex. B.J. 95 (1942) reprinted in 8 Tex. B.J. 8 (1945).
Question: Does Rule 306 require that all special issues and the answers of the jury thereto be included in the judgment?
Answer: Rule 306 embodies, without substantial change, old Rules 63 and 64 for the District Courts which were in effect for many years (142 S.W.; 145 S.W.; and 159 S.W.). It was not essential under the old rules and statutes that the verdict be copied in the judgment, but it was commended as the better practice. Weathered v. Meek, 258 S. W. 516 (Tex. Civ. App.-Waco, 1923); 25 Texas Jurisprudence, pp. 448 and 449. See also Kinney v. Tri-State Tel. Co., 222 S. W. 227, 230 (Tex. 1920), as to the essential requirements of a final judgment. The policy of the law is now, and has been for many years, that the verdict be preserved in a permanent record (old statute 2205; Rule 293). While it is not essential to the validity of the judgment, the better practice is to incorporate the special issues and answers in the judgment, which if done, will comply with Rule 293 and dispense with the necessity of again copying the issues and answers in the minutes.
5 Tex. B.J. 96 (1942) reprinted in 8 Tex. B.J. 8 (1945).