Top 5 Deadline Mistakes in Texas Civil Litigation

Texas civil litigation is full of hidden deadline traps. Missing a motion for new trial, forgetting to request findings of fact and conclusions of law (FOFCOL), or miscounting notice of appeal deadlines can waive error and kill an appeal. Learn the top five deadline mistakes lawyers make in Texas courts, including the 30/90-day rule for notices of appeal, the 3-day service rule confusion, and the one-year removal bar in diversity cases.

1. Forgetting to Request Findings of Fact and Conclusions of Law (FOFCOL)

• Trap: No timely request → appellate complaints waived.
• Rule: Must request within 20 days of judgment (TRCP 296).
• Pro tip: If the court doesn’t act, file a Notice of Past Due Findings within 30 days of your request (TRCP 297).

2. Miscounting the 30/90-Day Notice of Appeal Deadlines

• Trap: Thinking you always have 30 days.
• Rule: Standard = 30 days. If you file a motion for new trial, motion to modify, motion to reinstate, or a FOFCOL request → deadline extends to 90 days (TRAP 26.1).
• Pro tip: In accelerated appeals, it’s always 20 days (with only a 15-day grace).

3. Missing the Motion for New Trial Deadline

• Trap: Assuming you can “fix it later.”
• Rule: Motion for new trial must be filed within 30 days of judgment (TRCP 329b). No exceptions.
• Pro tip: This motion not only preserves error but also extends appellate deadlines.

4. Adding 3 Days When You Shouldn’t (or Forgetting When You Should)

• Trap: Confusing Texas and federal rules on service.
• Texas: +3 days only for mail, fax, or commercial delivery (TRCP 21a). No extra days for e-service or email.
• Federal: +3 days for mail and most electronic service methods (FRCP 6(d)).
• Pro tip: Never add 3 days to deadlines measured from a judgment or order signed by the court.

5. Overlooking the One-Year Bar on Diversity Removal

• Trap: Waiting too long to remove a diversity case.
• Rule: A case may not be removed on diversity grounds more than one year after commencement (28 U.S.C. § 1446(c)(1)), unless plaintiff acted in bad faith.
• Pro tip: Track diversity removability from day one; don’t assume later dismissals will save you.

✅ Deadline Data Bite:

Texas deadlines are unforgiving. Always double-check whether the clock runs from service or from the court’s act, and never assume you can add extra days without confirming the rule.