When must affidavits for a Texas special appearance be served?

Obtain the special-appearance hearing setting.

Identify every affidavit and attachment to be used and actual service on the relevant parties.

Verify the separate sworn motion and due-order requirements under Rule 120a(1)–(2).

1. Obtain the special-appearance hearing setting.
2. Compare completed affidavit service, not merely court filing, with the special-appearance hearing. The seven-day interval counts intermediate calendar days under Rule 4 because it exceeds five days.
3. Read the actual order and confirm every stated condition.
4. Complete the act required by the rule, not merely a date calculation.

Rule 4 excludes the controlling event. For periods longer than five days, intermediate weekends and legal holidays count. Do not automatically move a backward latest filing or notice date forward and shorten the required interval. Establish the actual hearing, legally relevant holidays, court calendar and any leave or order. This guide makes no automatic backward closed-day adjustment.

The preset cannot establish completed service, jurisdiction evidence, due order, granted continuance or a backward closed-day result.

Sworn motion must satisfy due order

Rule 120a(1) requires the sworn special appearance before a venue motion or other plea, pleading or motion, while allowing the listed later matters in the same instrument after it or subsequent filing. The affidavit-service interval does not cure a general appearance.

Jurisdiction hearing comes first

Rule 120a(2) requires the special appearance to be heard and determined before a venue motion or other plea. Its factual determination is not determination of the case’s merits.

Unavailable essential opposing facts

When the opposing party’s affidavits state reasons it cannot present essential opposing facts by affidavit, Rule 120a(3) allows a continuance for affidavits, depositions or discovery, or another just order. The court decides relief; it is not an automatic seven-day extension.

Discovery is not itself waiver

Rule 120a(1) identifies issuance of witness process, depositions, admissions and discovery use as not constituting waiver. It still requires the actual due order for appearances and motions.

• This guide does not establish the actual pleadings, service, calendar, legal entitlement or terms of a signed order.
• The current consolidation date does not decide historical applicability of an individual amendment.

• Obtain the special-appearance hearing setting.
• Identify every affidavit and attachment to be used and actual service on the relevant parties.
• Verify the separate sworn motion and due-order requirements under Rule 120a(1)–(2).
• Rule 120a(1) requires the sworn special appearance before a venue motion or other plea, pleading or motion, while allowing the listed later matters in the same instrument after it or subsequent filing. The affidavit-service interval does not cure a general appearance.
• Rule 120a(2) requires the special appearance to be heard and determined before a venue motion or other plea. Its factual determination is not determination of the case’s merits.
• When the opposing party’s affidavits state reasons it cannot present essential opposing facts by affidavit, Rule 120a(3) allows a continuance for affidavits, depositions or discovery, or another just order. The court decides relief; it is not an automatic seven-day extension.
• Rule 120a(1) identifies issuance of witness process, depositions, admissions and discovery use as not constituting waiver. It still requires the actual due order for appearances and motions.
• Serve the affidavits at least seven days before the hearing and preserve service proof. Each affidavit requires personal knowledge, admissible specific facts and affirmative competence. Preserve the pleadings, stipulations, attachments, discovery and testimony relevant to the court’s jurisdiction determination. Any court filing has its separate ordinary Rule 21(f)(5) boundary.