Extract to table

Under Texas Rule of Civil Procedure 99(b), a defendant served with citation must file a written answer with the clerk of the court within the time provided by Rule 101

Pursuant to Rule 101, a defendant served within the State of Texas must answer by 10:00 a

Although Brashear was served in Oklahoma rather than in Texas, Rule 108 provides that service of process beyond the State of Texas shall be in the same manner as provided for personal service within the State, and the same answer deadline applies

The entry of default judgment requires satisfaction of the following elements: (1) The plaintiff must demonstrate that the defendant was properly served with citation and a copy of the petition in compliance with the Texas Rules of Civil Procedure; (2) The plaintiff must establish that the defendant failed to file an answer or other responsive pleading within the time prescribed by law; (3) The default must have been entered by the Clerk of the Court; and (4) The plaintiff must present evidence sufficient to support the judgment sought, including proof of the amount of damages claimed

However, while the well-pleaded facts in the petition are deemed admitted by default, unliquidated damages are not admitted by default and must be proven by evidence

Where the damages claimed include both liquidated and unliquidated components, the plaintiff must offer evidence establishing each component with reasonable certainty