Thomas J. Daley
Thomas J. DaleyKoonsFuller, P.C. - Texas Family Law Powerhouse
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FAQ/Question

What happens if I request a jury trial but don't show up to court in Texas?

This question has been addressed in 1 Texas court opinion:

In the Interest of I.N.A.M., a Child

COA08 — January 28, 2026

In this custody case, a Mother lost her right to a jury trial after failing to appear in court on her scheduled trial date. Despite having previously requested a jury, her absence allowed the trial court to dismiss the jury panel and proceed with a bench hearing. Based on the Father's testimony and the Mother's history of non-compliance with court orders, the trial court named the Father sole managing conservator and restricted the Mother to supervised visitation. The Court of Appeals affirmed the decision, ruling that under Texas Rule of Civil Procedure 220, failing to appear for trial constitutes a waiver of the right to a jury, and the Father's unopposed evidence was sufficient to support the court's 'best interest' determination.

Litigation Takeaway

“Your presence at trial is mandatory to protect your rights; failing to show up—even if you have a pending jury request—allows the judge to immediately rule against you based solely on the evidence provided by the other side.”

Thomas J. Daley

Texas Family Law Litigation

Sophisticated litigation strategies for Texas families. Experience, integrity, and results when it matters most.

Targeted Resources

  • Divorcing a Narcissist
  • Dividing Retirement Assets
  • Fathers' Involvement
  • High-Asset Divorce

Contact Info

  • 1-972-769-2727
  • tdaley@txfamlaw.com
  • 5700 W. Plano Parkway Ste 2200, Plano, TX 75093
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