Texas Answer Deadlines For Cases Having Multiple Defendants
When a Texas civil case involves more than one defendant, answer deadlines are calculated separately for each defendant, based on that defendant’s own service date. This is a common source of confusion and a frequent cause of miscalculation, particularly in cases where defendants are served weeks or months apart.
Understanding how Texas Rule of Civil Procedure 99 applies in multi-defendant cases helps ensure deadlines are tracked accurately and independently.
The Short Answer
In Texas, each defendant has a separate answer deadline. The deadline for one defendant is not affected by when another defendant was served, appeared, or answered.
Each defendant’s answer deadline is calculated individually under Texas Rule of Civil Procedure 99, using that defendant’s own date of service.
How Rule 99 Applies in Multi-Defendant Cases
Texas Rule of Civil Procedure 99 provides that a defendant’s answer is due:
the Monday next after the expiration of 20 days after service, at 10:00 a.m.
In a case with multiple defendants, this rule is applied independently to each defendant. There is no “global” answer date tied to the first-served or last-served party.
As a result, it is common for defendants in the same case to have different answer deadlines.
Common Multi-Defendant Scenarios
This issue frequently arises when:
- Defendants are served on different dates
- Additional defendants are added later by amended pleading
- Service on one defendant is delayed or contested
- One defendant waives service while another is personally served
In each scenario, the correct approach is the same: calculate the answer deadline separately for each defendant based on that defendant’s service.
No Extension by Association
One defendant’s actions do not extend or modify another defendant’s deadline.
Specifically:
- A later-served defendant does not receive the benefit of an earlier defendant’s answer date
- An early-served defendant does not receive extra time because another defendant was served later
- One defendant’s appearance or answer does not toll or reset deadlines for other defendants
Each party’s deadline stands on its own unless altered by court order.
Practical Implications for Case Management
In multi-defendant cases, it is important to:
- Track service dates separately for each defendant
- Avoid assuming a single answer date applies to all parties
- Confirm deadlines individually before filing responsive pleadings
Mistakes often occur when deadlines are tracked at the case level instead of the party level.
Holidays and Multiple Defendants
The same principles discussed elsewhere apply here. If a particular defendant’s Rule 99 answer Monday falls on a legal holiday, Texas Rule of Civil Procedure 4 applies only to that defendant’s deadline, moving it to the next business day.
This adjustment does not affect the deadlines of other defendants whose answer dates fall on different days.
Practical Takeaway
In Texas cases with multiple defendants:
- Identify each defendant’s date of service
- Apply Rule 99 separately to each defendant
- Confirm whether the resulting answer Monday is a legal holiday
- Track and calendar each deadline independently
For convenience, many practitioners calculate each deadline using a calculator and then confirm it visually using a chart.
Final Note
This article addresses the general operation of Texas Rule of Civil Procedure 99 in cases involving multiple defendants. Always confirm deadlines based on the specific facts of service and any applicable court orders.
Related resources:
- Texas Answer Date Calculator
- Texas Answer Date Chart
- What Happens If a Texas Answer Deadline Falls on a Legal Holiday?
- Common Texas Answer Deadline Mistakes