Texas Service Rules Quick Reference
Add 3 Days for Mail? What About E-Service? (TRCP 4, 5, 21a Explained)
Computation of Time (TRCP 4)
| If deadline is… | Rule | Effect |
|---|
| Deadline < 5 days | TRCP 4 | Exclude weekends & legal holidays. |
| Deadline ≥ 5 days | TRCP 4 | Count all days, but if last day is Sat/Sun/holiday → extend to next business day. |
| Deadline ends on day court closed | TRCP 4 | Extend to next business day. |
Extra Time for Service by Mail/Electronic Means (TRCP 5, 21a)
| Service Method | Extra Time Added? | Rule |
|---|
| By mail | +3 days | TRCP 21a(c) |
| By fax | +3 days | TRCP 21a(c) |
| By commercial delivery service (FedEx, UPS, etc.) | +3 days | TRCP 21a(c) |
| By email or e-filing | No extra days | TRCP 21a(c) |
| By personal delivery | No extra days | TRCP 21a(c) |
Filing Deadlines (TRCP 5)
| Scenario | Rule | Effect |
|---|
| Document due on weekend/holiday | TRCP 4 | Move to next business day. |
| Filing by mail (postmarked on/before deadline) | TRCP 5 | Considered timely if received ≤10 days late. |
| Filing by commercial delivery service | TRCP 5 | Same as mail (timely if deposited by deadline, received ≤10 days late). |
Deadline Data Bites:
- 3 extra days apply only when served by mail, fax, or commercial delivery service.
- No extra days for e-service, email, or hand delivery.
- For short deadlines (<5 days), skip weekends and holidays when counting.
- A filing by mail/delivery is timely if sent by the deadline, even if received up to 10 days late.
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