United States · Texas justice courts
When may an appellant appeal a sustained Texas justice-court inability contest?
If the justice court sustains the appellate inability contest, the appellant may appeal that decision by filing notice with the justice court within seven days of its written order. The court then forwards the related documents for county-court resolution. This calculator assumes the actual written-order event is established, with no additional early filing-day closure. Oral announcement or later receipt is not this input.
- Period
- Seven calendar days from the actual written-order event under Rule 506.1(d)(3)
- Trigger
- The justice court’s actual written order sustaining the contest
- Rule
- Texas Rule 506.1(d)(3)
Official consolidated rules dated October 1, 2026, with individual amendment and transition provisions
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Which event and records control this procedure?
Obtain the actual written order sustaining the appellate inability contest.
Distinguish the written order from oral hearing comments and later service or receipt.
Prepare notice filed in the justice court, which forwards all related documents.
Texas Rule 506.1(d)(3)How does the justice-court timing work?
- Obtain the actual written order sustaining the appellate inability contest.
- Distinguish the written order from oral hearing comments and later service or receipt.
- Prepare notice filed in the justice court, which forwards all related documents.
- Exclude the actual written-order event and count seven calendar days under Rule 500.4. Do not substitute the original judgment, Statement filing or the later county-court hearing for this event.
- Check the actual court calendar and complete the required act.
Rule 500.4 excludes the triggering day and counts every intermediate day, including Saturdays, Sundays and legal holidays, even for periods of five days or less. A final Saturday, Sunday or legal holiday moves to the next eligible day. If the last filing day is a day the court closes before 5:00 p.m., filing moves to the court’s next business day. Establish that actual closure separately. Do not import Rule 4’s short-period exclusion or the distinct Rule 510 eviction procedure.
Texas Rule 500.4How does the independent example work?
Fictitious example
Fictitious facts. The justice court’s actual written order sustaining the contest occurred August 25, 2027. The stated ordinary branch applies without another effective event, service addition, controlling order or early court closure.
| Step | What is counted | Date |
|---|---|---|
| Actual triggering event | The justice court’s actual written order sustaining the contest | August 25, 2027 |
| Ordinary period | Exclude the event and count 7 calendar days under Rule 500.4 | Wednesday, September 1, 2027 |
Fictitious ordinary facts. Actual case, service, signing, legal holidays, court closure before 5:00 p.m. and orders require checking.
Try these dates in the calculatorWhich conditions and directions matter?
- Covered case and actual court directions
- Rules 500.1(a)–(c) identify the covered small-claims, debt and repair-and-remedy cases and any controlling special rule. Rule 500.1(d) places eviction under Rule 510. Other Civil Rules and Evidence Rules apply only as specified by law or these rules, or as the judge determines necessary for fairness under .1(e).
- Good-cause extension has exclusions
- Rule 500.4(c) permits good-cause extensions except periods relating to new trial and appeal. A request alone does not grant relief, and this general provision does not authorize extending those excluded periods.
- Filing and service remain separate
- Rule 501.4 governs papers other than citation and generally requires service on all other parties and a signed written certificate describing method and date. Email requires an expressly provided address and written consent; email or fax after 5:00 p.m. recipient local time is deemed served the following day. Mail may add three days to a document-response period under .4(b). It does not automatically add time to every judgment-signing, court-order or filing-based period. Prove the actual method and event instead of silently assuming effective service.
- County hearing is de novo
- Rule 506.1(d)(3) requires county-court hearing as if no prior hearing had occurred. If relief is granted, the county court directs transmission of the underlying case records. The notice date does not decide that appeal.
- Later bond or cash option differs
- Rule 506.1(d)(4) addresses the later bond or cash option if the appellant does not appeal the sustained contest or the county court denies that appeal. Its five-day branch and actual event require separate assessment.
- Actual service, receipt, signing, historical editions, legal holidays and court instructions require separate assessment.
- This guide does not establish a favorable ruling or automatically extend an excluded period.
What must be filed, served and preserved?
Common questions about this justice-court procedure
When may an appellant appeal a sustained Texas justice-court inability contest?
Is an oral announcement the written-order trigger?
Rule 506.1(d)(3) specifies the justice court’s written order. Obtain that actual order rather than substituting an oral statement.
Texas Rule 506.1(d)(3)Where is the notice filed?
The appellant files the notice with the justice court, which must forward all related documents to the county court.
Texas Rule 506.1(d)(3)Does timely notice automatically uphold inability?
No. The county court hears the contest de novo and decides it under Rule 506.1(d)(3).
Texas Rule 506.1(d)(3)Official sources and review
Provisions used (9)
| Provision | Purpose |
|---|---|
| Texas Rule 506.1(d)(3) | The actor, actual event and required acts |
| Texas Rule 500.1(a)–(e) | Covered case and actual court directions |
| Texas Rule 500.4(c) | Good-cause extension has exclusions |
| Texas Rule 501.4 | Filing and service remain separate |
| Texas Rule 506.1(d)(3) | County hearing is de novo |
| Texas Rule 506.1(d)(4) | Later bond or cash option differs |
| Texas Rule 500.4 | Every-day counting, final days, early closure and extension exclusions |
| Texas Rule 502.1, 501.4 | Actual filing methods and distinct service |
| Texas Government Code 662.003, 662.021 | Legal holiday checks in the independent examples |