Rule 91a motion to dismiss: filing deadline

60 days after date the first pleading containing the challenged cause of action was served on the movant, under Tex. R. Civ. P. 91a.3(a).

Rule text

A motion to dismiss must be: (a) filed within 60 days after the first pleading containing the challenged cause of action is served on the movant;

Tex. R. Civ. P. 91a.3(a), official source

Calculate this deadline

Deadline
Tuesday, January 5, 2027
  1. Trigger (Date the first pleading containing the challenged cause of action was served on the movant): Friday, November 6, 2026.
  2. Exclude the trigger day and count 60 calendar days: Tuesday, January 5, 2027.
Rules applied
Tex. R. Civ. P. 91a.3(a)
A motion to dismiss must be: (a) filed within 60 days after the first pleading containing the challenged cause of action is served on the movant;
Official source
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
  • Not available in Family Code cases or cases governed by Civ. Prac. & Rem. Code ch. 14 (Rule 91a.1). AMBIGUOUS: whether the Rule 21a(c) 3-day mail extension applies to this 60-day period is not addressed in Rule 91a; it is marked true because the period runs after service of a paper, but if the pleading was the original petition served with citation, Rule 21a does not govern that service and no extension should be added. Conservative practice: do not rely on the extra 3 days. Rule 91a.3(c): the motion must be "granted or denied within 45 days after the motion is filed." An amended motion filed under 91a.5(b) restarts the time periods (91a.5(d)).
  • 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.
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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 the first pleading containing the challenged cause of action was served on the movant on Monday, March 15, 2027, personal service: due Friday, May 14, 2027.

  1. Trigger (Date the first pleading containing the challenged cause of action was served on the movant): Monday, March 15, 2027.
  2. Exclude the trigger day and count 60 calendar days: Friday, May 14, 2027.

Notes

Not available in Family Code cases or cases governed by Civ. Prac. & Rem. Code ch. 14 (Rule 91a.1). AMBIGUOUS: whether the Rule 21a(c) 3-day mail extension applies to this 60-day period is not addressed in Rule 91a; it is marked true because the period runs after service of a paper, but if the pleading was the original petition served with citation, Rule 21a does not govern that service and no extension should be added. Conservative practice: do not rely on the extra 3 days. Rule 91a.3(c): the motion must be "granted or denied within 45 days after the motion is filed." An amended motion filed under 91a.5(b) restarts the time periods (91a.5(d)).

Related deadlines

All Texas civil deadlines

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.