Tex. R. Civ. P. 728 — BURDEN OF PROOF

Texas Rules of Civil Procedure · Version 2026-07-01 · Status: active · VI RULES RELATING TO ANCILLARY PROCEEDINGS · 9 TRIAL OF RIGHT OF PROPERTY

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Rule text

If the property was taken from the possession of the claimant pursuant to the original writ, the burden of proof shall be on the plaintiff in the writ. If it was taken from the possession of the defendant in such writ, or any other person than the claimant, the burden of proof shall be on the claimant.

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