United States · Texas eviction cases
When must a Texas eviction party request a jury and pay the jury fee?
Rule 510.15(c) requires a written jury demand and payment of the jury fee or filing an inability Statement. The timing is no later than three days before trial or three days after citation and petition service, whichever is later. Establish both dates, the actual trial setting and effective service. This source guide does not publish a computed jury deadline.
- Period
- Compare three days before trial with three days after citation-and-petition service; use the later anchor
- Trigger
- Actual trial day and actual service of citation and petition
- Rule
- Texas Rule 510.8(b)(12), 510.15(c), 510.7
Official consolidated rules dated October 1, 2026, with individual amendment and transition provisions
Source guide · No automated date
Check the actual eviction procedure
The single-anchor preset and existing short-period counting do not support a verified combined result.
Texas Rule 510.8(b)(12), 510.15(c), 510.7What lawyers say
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Which event starts this eviction procedure?
Actual trial day and actual service of citation and petition
Obtain the actual trial setting and any reset.
Establish the valid citation-and-petition service date.
Prepare the written demand and actual fee payment or Rule 510.7 Statement.
Texas Rule 510.8(b)(12), 510.15(c), 510.7How are days counted in an eviction case?
- Compare three days before trial with three days after citation-and-petition service; use the later anchor
- One backward interval and one forward interval, then comparison
- 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.
Texas Rule 510.4–.5How do the conditions change the procedure?
Fictitious facts. Late citation service makes the after-service anchor later than the before-trial anchor. Assess the full comparison and complete demand and fee or Statement.
The single-anchor preset and existing short-period counting do not support a verified combined result.
What conditions must be checked?
- Demand and payment
- A demand alone does not complete Rule 510.15(c). Complete the actual written demand and fee payment or inability Statement, with required service and receipt.
- Both anchors
- The before-trial interval cannot replace the after-service alternative. Count under Rule 510.4, including intermediate weekends and holidays, rather than general Rule 4 short-period exclusions.
- 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.
- The jury procedure requires two timing anchors and two completed acts. A single backward three-day preset does not establish the result.
- The single-anchor preset and existing short-period counting do not support a verified combined result.
What must be filed, served and preserved?
Common questions about this eviction procedure
When must a Texas eviction party request a jury and pay the jury fee?
Can I enter only the trial date?
Both the trial day and actual citation-and-petition service are needed for the later-of comparison.
Texas Rule 510.15(c)Is the fee the only required act?
No. Rule 510.15(c) also requires a written demand. An inability Statement is the stated fee alternative.
Texas Rule 510.15(c), 510.7Does the short-period Rule 4 exclusion apply?
No. Rule 510.4 counts every intermediate day, including weekends and state or federal holidays.
Texas Rule 510.4Official sources and review
Provisions used (6)
| Provision | Purpose |
|---|---|
| Texas Rule 510.8(b)(12), 510.15(c), 510.7 | The actual actor, event and required acts |
| Texas Rule 510.15(c), 510.7 | Demand and payment |
| Texas Rule 510.4, 510.8(b)(12), 510.15(c) | Both anchors |
| Texas Rule 510.4 | Every-day counting, final holidays and court closure |
| Texas Rule 510.5 | Written filing, permitted methods and separate effective service |
| Misc. Docket No. 25-9105, paragraphs 4 and 6 | Effective date and lawsuit-filing transition |