This Texas answer calculator applies only to civil lawsuits filed in Texas county and district courts. It calculates the Texas answer deadline under Texas Rule of Civil Procedure 99(b).
How Long Do I Have to Answer a Lawsuit in Texas Civil Court?
In Texas district and county court cases, a defendant must file a written answer by 10:00 a.m. on the first Monday after the expiration of 20 days after service of citation.
See Tex. R. Civ. P. 99(b).
To calculate the deadline, enter the date the defendant was served and click “Calculate Answer Deadline.” The answer must be filed on or before the calculated date, no later than 10:00 a.m.
Texas Answer Deadline Calculator
Note: This calculator applies only to civil cases in Texas district and county courts. It calculates the Texas answer deadline under Texas Rule of Civil Procedure 99(b), which requires an answer to be filed by 10:00 a.m. on the first Monday after the expiration of 20 days after service of citation.
Disclaimer
This calculator is provided for informational purposes only and does not constitute legal advice. Court rules and local practices may vary. Users are responsible for independently verifying deadlines with the applicable court, court clerk, or legal counsel.
Need an explanation of how the deadline is calculated? See How to Calculate the Texas Answer Deadline Under Rule 99.
Texas Rule 99(b): Answer Deadline Explained
Texas Rule of Civil Procedure 99(b) governs the deadline to file an answer in Texas district and county court cases. The rule provides:
“The citation shall include a notice that the defendant is required to file a written answer to the plaintiff’s petition on or before 10:00 a.m. on the Monday next after the expiration of twenty days after the date of service.”
In practical terms, this means the defendant must count twenty days forward from the date of service of citation, then move to the next Monday. The answer is due filed by 10:00 a.m. on that Monday.
Service by Publication
If a defendant is served by publication and citation was issued from a district or county court, the answer deadline is different. In those cases, the defendant’s answer is due by 10:00 a.m. on the first Monday after the expiration of 42 days after the issuance of citation.
See Tex. R. Civ. P. 114.
How to Count the Twenty-Day Answer Deadline Correctly
How to Count the Twenty-Day Texas Answer Deadline
Here’s how to calculate the Texas answer deadline under Texas Rule of Civil Procedure 99(b):
- Exclude the date of service.
- Count twenty calendar days, including weekends and holidays.
- Move to the first Monday after the twentieth day.
- File the answer by 10:00 a.m. on that Monday.
If the applicable Monday falls on a legal holiday when the clerk’s office is closed, the answer is timely if filed on the next business day the clerk’s office is open.
Always verify the current Texas Rules of Civil Procedure and any applicable court advisories when calculating an answer deadline.
What Happens If You Miss the Texas Answer Deadline
If no answer is filed by the Texas answer deadline, the plaintiff may seek a default judgment. Texas Rule of Civil Procedure 239 permits a default if “no answer has been filed within the time provided by law.”
Filing any written answer before a default judgment is signed generally prevents default, even if the answer is defective in form. A defendant’s appearance through a written response is usually sufficient to avoid a default judgment.
Once a default judgment is signed, setting it aside becomes significantly more difficult and typically requires meeting additional legal standards. Because the consequences can be serious, defendants should carefully confirm and calendar their answer deadline.
Common Mistakes When Calculating a Texas Answer Deadline
- Counting the date of service instead of starting the count the following day
- Stopping at the twentieth day, rather than moving to the next Monday
- Forgetting the 10:00 a.m. filing deadline
- Overlooking court holidays when the clerk’s office is closed
- Applying county or district court rules to justice court cases
Verified Denials and Affirmative Defenses (Important Note)
When filing an answer, a defendant must raise certain defenses and denials that cannot be asserted later. Texas Rule of Civil Procedure 93 requires specific matters to be denied under oath, and Rule 94 requires affirmative defenses to be expressly pleaded. Although a general denial may be sufficient in some cases, the best practice is to assess and plead any applicable affirmative defenses at the answer stage to ensure they are not waived.
Special Scenarios Where This Calculator Does Not Apply
The Texas answer calculator above applies only to civil cases filed in Texas county and district courts. Different rules govern the following situations.
Justice Court (Small Claims) Cases
Justice court cases follow different answer rules. Under Texas Rule of Civil Procedure 502.5(d), a defendant must file an answer by the end of the 14th day after service of citation.
Most (But Not All) Counterclaims
If a counterclaim is filed against a party who has already appeared, Texas Rule of Civil Procedure 92 provides that a general denial is presumed. No separate answer to the counterclaim is required unless a verified denial is necessary or the party intends to assert affirmative defenses.
Federal Cases
Federal answer deadlines are governed by the Federal Rules of Civil Procedure. Rule 12(a)(1)(A)(i) generally requires an answer within 21 days after service of citation. Texas practitioners who also handle federal matters should apply the federal rules when practicing in federal court.
What Happens if You Miss the Answer Deadline
If no answer is filed by the Texas answer deadline, the plaintiff may seek a default judgment. Generally, this requires proof of service and the absence of a timely answer, after which the court may enter judgment.
Filing a written answer before a default judgment is signed may help prevent default, but once a default judgment is signed, additional procedural steps are required to set it aside or appeal.
Because the consequences can be significant, defendants should confirm and calendar their answer deadline carefully.
Service Methods and Deadlines
The Texas answer deadline under Rule 99(b) runs from the date of service of citation, not from later filings, correspondence, or notices.
Service methods matter only to determine when service is complete. Once service of citation is accomplished, the 20-day count under Rule 99(b) begins to run.
Rules governing service of pleadings within a case, such as Texas Rule of Civil Procedure 21a, do not apply to the original service of citation. The answer deadline is always calculated from actual service of citation, whether service is personal, by certified mail, or by substituted service.
How to Avoid Default Judgments
The most effective way to avoid default is to calendar and confirm the Texas answer deadline promptly after service of citation. Practical steps include:
- Calendar the answer deadline immediately upon receipt of citation
- File an answer early, even if jurisdictional challenges are anticipated
- Confirm the filing was accepted by the clerk
Answer Deadlines by Court Type (Quick Reference)
| Jurisdiction | Governing Rule | Time to Answer | Time of Day |
|---|---|---|---|
| Texas (District/County) | TRCP 99(b) | Next Monday after the expiration of 20 days | 10:00 a.m. |
| Texas (Justice Court) | TRCP 502.5(d) | 14 days after service | End of day |
| Federal Court | FRCP 12(a) | 21 days after service | Midnight (local) |
Frequently Asked Questions
Do weekends and holidays count in the 20 days?
Yes. The 20-day period includes weekends and holidays. However, if the final Monday falls on a legal holiday when the clerk’s office is closed, the answer deadline moves to the next business day.
Is the Answer due at midnight?
No. In Texas district and county court cases, the answer is due by 10:00 a.m. on the applicable deadline date.
Does the Texas Answer Calculator apply to federal court cases?
No. Federal answer deadlines are governed by the Federal Rules of Civil Procedure. In most federal cases, an answer is due 21 days after service of citation.
Does the Texas Answer Calculator apply to justice court cases?
No. Justice court cases follow different rules. In most justice court cases, an answer is due 14 days after service of citation.
Disclaimer
This calculator is provided for informational purposes only and does not constitute legal advice. Applicable court rules may change, and local practices may vary. Users are responsible for independently verifying deadlines with the applicable court, court clerk, or legal counsel.