When may a Texas eviction party move for a new judge?

The actual scheduled trial day and the party’s supported fair-trial concern

Obtain the actual trial setting and any change.

Prepare the sworn motion and statements of two other credible persons.

Check prior use of this relief and preserve filing, service and any good-cause determination.

1. At least three days before trial, except good cause shown; only one application per party in the lawsuit
2. Backward minimum from actual trial, with the stated relief condition
3. Identify actual court closure and the required act before applying a period.

Rule 510.4 excludes the event day and counts every intermediate day, including weekends and state or federal holidays. A final weekend or state or federal holiday moves to the next eligible day. If the last filing day falls when the court is closed for all or part of that day, filing moves to the court’s next business day. Check actual closure separately. Express business-day periods and backward minimum notice require their own assessment. The general Rule 4 short-period exclusion does not apply.

Rule 510.5(c) separately requires service of noncitation papers on all other parties and a signed written certificate stating manner and date. Email uses an address expressly provided by the receiving party; after 5:00 p.m. recipient local time it is deemed served the following day. This text does not state the ordinary Rule 501.4 written-consent requirement. Mail-only service adds three days to a document-response period, not automatically to every signing or filing period. Party-requested court proceedings ordinarily require all-party notice at least three days before the proceeding. Citation and petition service instead follows Rule 510.8.

Fictitious facts. A party files before trial without the two supporting sworn statements. Early filing alone does not complete the stated motion requirements.

The backward minimum and known short-period counting defect do not support a calculated last filing day.

Sworn support

The motion must state the party’s inability to obtain a fair trial before the specific judge and must have the two other credible persons’ sworn support. An unsworn dissatisfaction letter is not the stated procedure.

Replacement mechanism

The judge must exchange benches with a qualified judge. If none is available, the county judge appoints a visiting judge. The stated good-cause exception and one-use limit do not authorize general modification of Rule 510.

Actual lawsuit edition

The amended order, Misc. Docket No. 25-9105, paragraphs 4 and 6, makes the amendments effective January 1, 2026 and applies rewritten Rule 510 only to eviction lawsuits filed on or after that date. Earlier lawsuits use the earlier rules even when a hearing, judgment or appeal occurs later. The order is titled preliminary approval but expressly establishes effectiveness. Check later amendments and the actual lawsuit filing date. The October 1 consolidation date is not this transition date.

Eviction has a standalone procedure

Rule 510 governs the eviction lawsuit under Property Code Chapter 24. It does not govern pre-lawsuit notices to pay rent or vacate or notices to vacate. Rule 510.1(b) excludes other Civil and Evidence Rules unless specifically provided by law or these rules and prohibits a justice court from modifying or suspending Rule 510. The ordinary Rules 500–507 fairness and extension provisions are not an independent eviction extension power.

• This specific sworn judge-replacement procedure is separate from jury demand, postponement and ordinary pleading amendment.
• The backward minimum and known short-period counting defect do not support a calculated last filing day.

• Obtain the actual trial setting and any change.
• Prepare the sworn motion and statements of two other credible persons.
• Check prior use of this relief and preserve filing, service and any good-cause determination.
• The motion must state the party’s inability to obtain a fair trial before the specific judge and must have the two other credible persons’ sworn support. An unsworn dissatisfaction letter is not the stated procedure.
• The judge must exchange benches with a qualified judge. If none is available, the county judge appoints a visiting judge. The stated good-cause exception and one-use limit do not authorize general modification of Rule 510.
• Rule 510.5 generally requires a written, signed document actually filed with the court, except oral motions when all parties are present. Personal delivery, commercial delivery, mail and electronic filing if allowed are specified methods. Electronic filing follows Rule 21 and its ordinary court-time-zone before-midnight boundary. Check actual permitted methods and hours. Rule 510.4(b) warns that the court may act if a mailed filing is not received by its due date. Do not import the ordinary justice-court ten-day mailbox procedure.
• Rule 510.5(c) separately requires service of noncitation papers on all other parties and a signed written certificate stating manner and date. Email uses an address expressly provided by the receiving party; after 5:00 p.m. recipient local time it is deemed served the following day. This text does not state the ordinary Rule 501.4 written-consent requirement. Mail-only service adds three days to a document-response period, not automatically to every signing or filing period. Party-requested court proceedings ordinarily require all-party notice at least three days before the proceeding. Citation and petition service instead follows Rule 510.8.
• The amended order, Misc. Docket No. 25-9105, paragraphs 4 and 6, makes the amendments effective January 1, 2026 and applies rewritten Rule 510 only to eviction lawsuits filed on or after that date. Earlier lawsuits use the earlier rules even when a hearing, judgment or appeal occurs later. The order is titled preliminary approval but expressly establishes effectiveness. Check later amendments and the actual lawsuit filing date. The October 1 consolidation date is not this transition date.