United States · Texas civil discovery
When must ordinary Texas admission requests be answered to avoid deemed admissions?
The ordinary admission response must be served within thirty days after service. The Family Code early-service branch gives fifty days, and qualifying mail service adds three days. This calculator selects neither alternative. Under Rule 198.2(c), an untimely response causes the request to be considered admitted without a court order. Withdrawal or amendment requires the findings in Rule 198.3.
- Period
- Thirty calendar days after the established event, in the stated ordinary branch
- Trigger
- Proper completion of service of the requests for admissions
- Rule
- Texas Rule 198.2(a), (b), (c)
Official consolidated rules dated October 1, 2026, with individual amendment and transition provisions
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Which event starts this ordinary thirty-day period?
Obtain each actual admission request and evidence of proper completed service.
Check the defendant’s Family Code status, answer due date and actual service method.
Prepare and properly serve the responses required by Rule 198.2(b). Filing an unserved response does not establish timely service.
Texas Rule 198.2(a), (b), (c)How is the ordinary thirty-day period counted?
- Obtain each actual admission request and evidence of proper completed service.
- Confirm the stated ordinary branch applies and no different agreement or court order controls.
- Exclude the event and count thirty calendar days.
- Check the final day and complete the actual required act.
Rule 4 excludes the triggering event. Count thirty calendar days and include the final day. Its exclusion of intermediate Saturdays, Sundays and legal holidays for periods of five days or less does not apply to this thirty-day period.
Rule 4 moves a final Saturday, Sunday or legal holiday to the next day that is none of those. The calculator uses the encoded Texas calendar for 2026 through 2028. Establish the actual applicable legal holidays and any additional closure or controlling order. The fictitious holiday example assumes the court is open September 7, 2027, after Saturday, Sunday and Labor Day.
Rule 21a distinguishes service completion from filing. Mail and commercial delivery use proper prepaid deposit. Fax is complete on receipt, with service after 5 p.m. recipient local time deemed served the following day. Electronic service is complete on transmission to the serving party’s electronic filing service provider. Rule 21a(c) adds three days to qualifying mail-based response periods, not automatically to commercial delivery, fax or electronic service. This calculator does not add that mail adjustment.
Texas Rule 4What does an independently derived example show?
Fictitious example
Fictitious facts. The stated ordinary thirty-day branch governs. No different order, agreement or extension applies. Service is properly completed electronically, and the Family Code early-service and mail-adjustment branches do not apply. Proper completion of service of the requests for admissions is independently established as August 2, 2027.
| Step | What is counted | Date |
|---|---|---|
| Event | Proper completion of service of the requests for admissions | August 2, 2027 |
| Ordinary period | Thirty calendar days, excluding the event | September 1, 2027 |
Fictitious facts. No exception, different order or additional closure applies. The separate closed-day example assumes the court is open September 7, 2027. The material-event example distinguishes the controlling event from a different event.
Try these dates in the calculatorWhich facts change this ordinary response?
- Automatic consequence of an untimely response
- Rule 198.2(c) treats an untimely response as an admission without needing a court order. Do not assume an opponent must first obtain an order deeming it admitted.
- Required response content
- Rule 198.2(b) requires an admission, denial or detailed explanation why the matter cannot be admitted or denied, subject to its good-faith and reasonable-inquiry requirements. Lack of information alone does not satisfy those requirements.
- Withdrawal or amendment requires findings
- Rule 198.3 requires good cause and findings that the relying party will not be unduly prejudiced and that presenting the merits will be served. An admission is conclusively established unless withdrawal or amendment is permitted. Late service alone does not establish that relief.
- Family Code defendant served before the answer is due
- The current response rule permits fifty days after service for a Family Code defendant served before the answer is due. This ordinary thirty-day calculator does not select that branch. Establish the case type and actual answer due date before using the ordinary branch.
- Mail and service completion
- Rule 21a distinguishes service completion from filing. Mail and commercial delivery use proper prepaid deposit. Fax is complete on receipt, with service after 5 p.m. recipient local time deemed served the following day. Electronic service is complete on transmission to the serving party’s electronic filing service provider. Rule 21a(c) adds three days to qualifying mail-based response periods, not automatically to commercial delivery, fax or electronic service. This calculator does not add that mail adjustment.
- Agreement, order or enlargement
- Read the actual discovery plan and any permitted agreement or order. Rule 191.1 permits its stated discovery modifications. Rule 5 distinguishes an application before expiry from good-cause relief after expiry. A request for relief is not an automatic extension.
- This calculator does not decide the case type, service validity, exemptions, disputed receipt, a court order or entitlement to relief.
- The result remains provisional until the actual applicable requirements are checked.
What must be checked before completing the required act?
Common questions
This disclosure or written response
Does the court need to sign a deemed-admissions order first?
No. Rule 198.2(c) says an untimely response is considered admitted without a court order.
Texas Rule 198.2(c)Does serving late responses automatically withdraw admissions?
No. Rule 198.3 requires the specified good-cause, prejudice and merits findings for permission to withdraw or amend.
Texas Rule 198.3Can I deny solely because I do not know the answer?
Read Rule 198.2(b)’s reasonable-inquiry and response requirements. Lack of information alone does not satisfy them.
Texas Rule 198.2(b)Official sources and review
Provisions used (12)
| Provision | Purpose |
|---|---|
| Texas Rule 198.2(a), (b), (c) | The specific required response and ordinary thirty-day event |
| Texas Rule 198.2(c) | Automatic consequence of an untimely response |
| Texas Rule 198.2(b) | Required response content |
| Texas Rule 198.3 | Withdrawal or amendment requires findings |
| Texas Rule 196.2(a), 197.2(a), 198.2(a) | Family Code defendant served before the answer is due |
| Texas Rule 21a(b), (c), (e) | Mail and service completion |
| Texas Rule 191.1, 5 | Agreement, order or enlargement |
| Texas Rule 4 | Event exclusion, final-day inclusion and legal holidays |
| Texas Rule 21a | Actual service completion and proof |
| Texas Rule 191.4, 191.5 | Discovery filing distinctions and service on all parties of record |
| Texas Rule 21(f)(5) | Electronic filing, when separately required |
| Texas Government Code 662.021 | Legal holidays, including Labor Day |