Rule 91a motion to dismiss: must be filed before hearing
21 days before date of the hearing (or submission) on the 91a motion, under Tex. R. Civ. P. 91a.3(b).
Rule text
filed at least 21 days before the motion is heard;
Calculate this deadline
Deadline
Friday, October 16, 2026
- Trigger (Date of the hearing (or submission) on the 91a motion): Friday, November 6, 2026.
- Count back 21 calendar days: Friday, October 16, 2026.
Rules applied
Tex. R. Civ. P. 4
In computing any period of time prescribed or allowed by these rules, by order of court, or by any applicable statute, the day of the act, event, or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday, or legal holiday. Saturdays, Sundays, and legal holidays shall not be counted for any purpose in any time period of five days or less in these rules, except that Saturdays, Sundays, and legal holidays shall be counted for purpose of the three-day periods in Rules 21 and 21a, extending other periods by three days when service is made by mail.Official source
- Rule 91a.6 also provides: "Each party is entitled to at least 14 days' notice of the hearing on the motion to dismiss."
- If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.
This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.
Worked example
Date of the hearing (or submission) on the 91a motion on Monday, March 15, 2027, personal service: due Monday, February 22, 2027.
- Trigger (Date of the hearing (or submission) on the 91a motion): Monday, March 15, 2027.
- Count back 21 calendar days: Monday, February 22, 2027.
Notes
Rule 91a.6 also provides: "Each party is entitled to at least 14 days' notice of the hearing on the motion to dismiss."
Related deadlines
- Answer to petition (district and county court) (Monday after 20 days, 10:00 AM)
- Answer in justice court (justice court only) (14 days after)
- Answer in justice court when served by publication (justice court only) (42 days after)
- Responses to requests for production, interrogatories, and requests for admissions (30 days after)
- Initial disclosures (30 days after)
- Initial disclosures for a party served or joined after the first answer (30 days after)
- Pretrial disclosures (trial witnesses and exhibits) (30 days before)
- Rule 91a motion to dismiss: filing deadline (60 days after)
Rules current as of 2026-10-23. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.