United States · Texas commencement, service and answers
When must a defendant answer Texas district or county court citation by publication?
For citation issued from a district or county court under Rule 114, the answer command is at or before 10:00 a.m. on the first Monday after forty-two days expire from citation issuance. The trigger is issuance, not the first or last publication. Verify publication authorization and completed service separately. This guide calculates no date.
- Period
- Forty-two days after issuance, then the first following Monday at or before 10:00 a.m.
- Trigger
- Issuance of the actual citation for publication
- Rule
- Texas Rule 114
Official consolidated rules dated October 1, 2026, with individual amendment and transition provisions
Source guide · No automated date
Check the required act and controlling order
The isolated forty-two-day preset lacks the first-following-Monday stage and specified hour. No computed publication answer date or paid record is released.
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Which facts and events control this procedure?
Obtain the issued citation and its recorded issuance date.
Establish that publication is authorized for this proceeding and inspect the actual service record.
Read the citation’s specified weekday, calendar date and hour, and establish the actual court.
Texas Rule 114How does the required timing work?
- Obtain the issued citation and its recorded issuance date.
- Exclude issuance and identify expiry of forty-two days, then apply the first Monday after expiry and the 10:00 a.m. command. Publication dates do not replace issuance. The complete calculation requires the named-weekday stage and relevant holiday analysis; no isolated forty-two-day result is published.
- Read the actual order and confirm every stated condition.
- Complete the act required by the rule, not merely a date calculation.
Rule 4 excludes the triggering event and counts intermediate calendar days for periods longer than five days. It addresses final Saturdays, Sundays and legal holidays. This guide calculates no final date or hour, and does not replace a named-weekday step, actual court order or required receipt with an isolated period. Establish the applicable legal holidays and actual court calendar.
Texas Rule 114Why is no fixed date calculated?
The isolated forty-two-day preset lacks the first-following-Monday stage and specified hour. No computed publication answer date or paid record is released.
Which conditions, exceptions or court directions matter?
- Authorized publication is required
- Rule 114 begins where citation by publication is authorized. It specifies citation contents and incorporates Rules 15 and 99 insofar as consistent. A date calculation does not establish entitlement to use publication.
- Publication service is a separate procedure
- Rule 116 prescribes publication locations and the stated newspaper exceptions. The actual required publication and return remain separate from the issuance-based answer command.
- Court-specific command
- Rule 114 expressly supplies the district or county court Monday-and-hour command. Current justice-court answers must be assessed under their governing Part V rules, including Rule 502.5.
- This guide does not establish the actual pleadings, service, calendar, legal entitlement or terms of a signed order.
- The current consolidation date does not decide historical applicability of an individual amendment.
What must be completed and preserved?
Common questions about this required act
When must a defendant answer Texas district or county court citation by publication?
Does the first newspaper publication start forty-two days?
Rule 114’s district or county court command starts from citation issuance. Service compliance remains separately required.
Texas Rule 114, 116Is the forty-second day itself always the answer deadline?
No. Rule 114 also requires the first Monday after the period expires and specifies 10:00 a.m.
Texas Rule 114Can I use this guide for every justice-court answer?
No. Establish the court and the governing Part V answer provision separately.
Texas Rule 500.3(e), 502.5Official sources and review
Provisions used (6)
| Provision | Purpose |
|---|---|
| Texas Rule 114 | The actual actor, required act and timing conditions |
| Texas Rule 114 | Authorized publication is required |
| Texas Rule 116, 117 | Publication service is a separate procedure |
| Texas Rule 114, 500.3(e), 502.5 | Court-specific command |
| Texas Rule 4 | Computation, short periods and closed-day boundaries |
| Texas Rule 21a, 21(f)(5) | Separate service and ordinary electronic filing requirements, where applicable |