United States · Texas justice courts
When is a Texas justice-court answer due after service by publication?
For a defendant served by publication, the justice-court answer is due by the end of the forty-second day after the citation was issued. Rule 502.5(e) states the final weekend, legal-holiday and early court-closure treatment. Citation issuance is not first publication or actual reading. This calculator assumes valid publication in a covered non-eviction case and no additional early closure.
- Period
- Forty-two calendar days after citation issuance under Rule 502.5(e)
- Trigger
- Actual issuance of the citation used for publication service
- Rule
- Texas Rule 502.5(e), 501.2(f)
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 issued citation and its issuance date.
Establish the validity of the publication procedure separately under Rule 501.2(f).
Distinguish issuance from petition filing, first publication and when the defendant learned of the case.
Texas Rule 502.5(e), 501.2(f)How does the justice-court timing work?
- Obtain the actual issued citation and its issuance date.
- Establish the validity of the publication procedure separately under Rule 501.2(f).
- Distinguish issuance from petition filing, first publication and when the defendant learned of the case.
- Exclude actual citation issuance and count forty-two calendar days under Rules 500.4 and 502.5(e). Check the stated final day and actual early court closure. Do not add fourteen days after first publication.
- 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. Actual issuance of the citation used for publication service occurred July 21, 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 | Actual issuance of the citation used for publication service | July 21, 2027 |
| Ordinary period | Exclude the event and count 42 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).
- 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.
- Publication procedure needs its own proof
- Rule 501.2(f) says necessary publication service is governed by the rules in county and district court. This calculator selects the answer period under Rule 502.5(e) and does not establish publication’s legal prerequisites or effectiveness.
- 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 is a Texas justice-court answer due after service by publication?
Do forty-two days start from first publication?
Rule 502.5(e) uses the day citation was issued. Publication validity is a separate check.
Texas Rule 502.5(e), 501.2(f)Can I use the ordinary fourteen-day answer preset?
No. Rule 502.5(e) states the different publication branch and issuance trigger.
Texas Rule 502.5(d)–(e)Does this calculator approve publication service?
No. Rule 501.2(f) requires the relevant county and district publication procedure. The date does not establish compliance.
Texas Rule 501.2(f)Official sources and review
Provisions used (7)
| Provision | Purpose |
|---|---|
| Texas Rule 502.5(e), 501.2(f) | The actor, actual event and required acts |
| Texas Rule 500.1(a)–(e) | Covered case and actual court directions |
| Texas Rule 501.4 | Filing and service remain separate |
| Texas Rule 501.2(f), 502.5(e) | Publication procedure needs its own proof |
| 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 |