Don’t Make These Mistakes When Calculating Texas Answer Deadlines
Texas answer deadlines appear straightforward at first glance, yet they remain one of the most frequently miscalculated procedural deadlines in Texas civil practice. Errors in calculating the answer date can lead to default judgments, waived defenses, or unnecessary motion practice.
This article identifies common mistakes attorneys make when calculating Texas answer deadlines, explains why they occur, and clarifies how the rules operate together in practice.
Mistake 1: Treating the Texas Answer Deadline as “20 Days After Service”
One of the most persistent errors is assuming that an answer is due 20 days after service. That is not the Texas rule.
In most civil cases, the answer is due on:
The Monday next after the expiration of 20 days after service, at 10:00 a.m.
The 20-day period does not mark the filing deadline. It determines when the following Monday is identified as the due date.
Why this matters
Counting forward 20 days and filing on that date will almost always result in an early or late filing. The rule requires two steps:
- Count 20 days after service
- Identify the next Monday after that period expires
Skipping the second step is a common and avoidable error.
Mistake 2: Counting the Day of Service as Day One
Another frequent mistake is counting the day of service as the first day of the 20-day period.
Under Texas time-calculation rules, the day of service is excluded. Counting begins on the following day.
Example
- Service occurs on April 1
- April 1 is not counted
- Day 1 is April 2
Miscounting at the outset shifts the entire timeline and can move the answer deadline by a full week.
Mistake 3: Forgetting the 10:00 a.m. Filing Time
Texas answer deadlines are not due by the end of the business day. They are due at:
10:00 a.m.
This is not a technicality. Filing at 10:01 a.m. is untimely.
Why this matters
Electronic filing has made it easier to overlook the time requirement. Courts have enforced the 10:00 a.m. deadline strictly, particularly in default judgment contexts.
Calendaring the correct date without noting the time is an incomplete calculation.
Mistake 4: Misapplying the Weekend and Holiday Rule
When the calculated answer date falls on a weekend or legal holiday, the deadline moves to the next business day.
However, this adjustment applies only after the correct answer date has been identified using the Rule 99 framework.
Common error
Some practitioners attempt to “fix” the deadline by adjusting the 20-day count itself, rather than applying the weekend or holiday rule to the final answer date.
This shortcut often results in an incorrect Monday being selected.
Mistake 5: Assuming the Same Deadline Applies in All Texas Courts
Not all Texas courts follow the same answer deadline rules.
Examples of variation
- Justice court deadlines differ from district and county court deadlines
- Certain statutory proceedings impose alternative timelines
- Special rules may apply in family law or expedited proceedings
Assuming Rule 99 applies universally is a mistake. The court and case type should always be confirmed before calendaring.
Mistake 6: Ignoring Scheduling Orders or Court-Specific Orders
While Rule 99 sets the default answer deadline, court orders can modify that deadline.
A scheduling order, temporary restraining order, or other court directive may:
- Shorten the answer period
- Set a specific answer date
- Require a response by a date certain
Failing to review early case orders before calendaring the answer deadline can result in a missed or incomplete response.
Mistake 7: Assuming an Appearance or Informal Filing Extends the Deadline
Making an appearance, filing a motion, or contacting opposing counsel does not extend the answer deadline unless a rule or court order expressly provides otherwise.
Common misconceptions include:
- Believing a notice of appearance delays the answer
- Assuming an agreement with opposing counsel modifies the deadline
- Relying on informal extensions without a filed order
Absent a formal extension, the original deadline controls.
Mistake 8: Failing to Account for Amended or Corrected Service
When service is defective, quashed, or reissued, the answer deadline may change.
However, practitioners sometimes:
- Continue to rely on the original service date
- Assume amended service does not restart the clock
- Fail to recalendar after substituted or corrected service
Service issues should always prompt a fresh deadline analysis.
Practical Takeaways
To avoid Texas answer deadline errors:
- Do not treat the deadline as “20 days after service”
- Exclude the day of service when counting
- Always identify the Monday next after the 20-day period
- Calendar the 10:00 a.m. filing time
- Confirm the court, case type, and any modifying orders
- Reevaluate deadlines after amended or substituted service
Texas courts apply answer deadlines strictly. Precision at the outset of a case protects both the client and counsel.
Related Resources
- Texas Answer Deadline Chart
- Texas Answer Deadline Calculator
- Texas Service and Return Deadlines