When must a Texas Rule 91a motion to dismiss a baseless cause be filed?

Identify the specific challenged cause and the first pleading containing it.

Prove when that pleading was actually served on this movant, rather than using court filing or a later unchanged pleading.

Obtain any hearing or submission setting and independently preserve the minimum twenty-one-day interval.

1. Identify the specific challenged cause and the first pleading containing it.
2. Prove when that pleading was actually served on this movant, rather than using court filing or a later unchanged pleading.
3. Obtain any hearing or submission setting and independently preserve the minimum twenty-one-day interval.
4. Exclude first challenged-pleading service and add sixty calendar days under Rule 4 for this outer limit. Compare an existing hearing interval separately. The motion must satisfy both Rule 91a.3(a) and (b).
5. Check the final day and complete the actual filing and required service.

Rule 4 excludes the actual event and counts intermediate calendar days for these periods longer than five days. A final Saturday, Sunday or legal holiday moves to the next eligible day. Establish the legally relevant holidays and actual court calendar. A nominal period does not complete a party filing or a court act.

Use verified personal or electronic service on this movant. Check the separate twenty-one-day hearing requirement and any mail branch.

Fictitious example

Fictitious facts. Actual service on the movant of the first pleading containing the challenged cause of action occurred July 2, 2027. The stated ordinary branch applies with no different leave, agreement, service addition or controlling order.

Fictitious facts and the stated ordinary branch only. Actual motion edition, service, orders, case classification and court holidays require separate checking.

Covered causes and motion content

Rule 91a.1 excludes Family Code cases and cases governed by Civil Practice and Remedies Code Chapter 14. Rule 91a.2 requires the motion to identify each challenged cause and specify why it has no basis in law, fact or both. Its timing does not decide those grounds.

Both timing requirements apply

The sixty-day outer limit does not override Rule 91a.3(b)’s requirement to file at least twenty-one days before hearing. A preexisting hearing can require earlier filing. Establish both; this preset does not subtract from the hearing.

Actual amended motion restarts periods

After a timely amendment of the challenged cause under Rule 91a.5(b), the movant may withdraw or file an amended motion directed to it before the hearing. An amended motion filed in accordance with that subdivision restarts Rule 91a’s periods under .5(d). The respondent’s amendment alone is not an automatic restart.

Service method is a separate branch

Rule 21a(c) concerns three additional days for a prescribed period after mail service. This scoped calculator assumes verified personal or electronic service and does not select or determine the mail branch. Service on the movant is not interchangeable with filing the pleading in court.

• 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.

• Identify the specific challenged cause and the first pleading containing it.
• Prove when that pleading was actually served on this movant, rather than using court filing or a later unchanged pleading.
• Obtain any hearing or submission setting and independently preserve the minimum twenty-one-day interval.
• Rule 91a.1 excludes Family Code cases and cases governed by Civil Practice and Remedies Code Chapter 14. Rule 91a.2 requires the motion to identify each challenged cause and specify why it has no basis in law, fact or both. Its timing does not decide those grounds.
• The sixty-day outer limit does not override Rule 91a.3(b)’s requirement to file at least twenty-one days before hearing. A preexisting hearing can require earlier filing. Establish both; this preset does not subtract from the hearing.
• After a timely amendment of the challenged cause under Rule 91a.5(b), the movant may withdraw or file an amended motion directed to it before the hearing. An amended motion filed in accordance with that subdivision restarts Rule 91a’s periods under .5(d). The respondent’s amendment alone is not an automatic restart.
• Rule 21a(c) concerns three additional days for a prescribed period after mail service. This scoped calculator assumes verified personal or electronic service and does not select or determine the mail branch. Service on the movant is not interchangeable with filing the pleading in court.
• State Rule 91a, identify each challenged cause and specify its asserted lack of basis in law or fact under Rule 91a.2. File the actual required document with the clerk and complete the separately required service under Rule 21a. Rule 21(f)(5) ordinarily requires electronic filing before midnight in the court’s time zone. Preserve transmission to the electronic filing service provider, the filing receipt, service evidence and any specific order. A calculation does not prove legal sufficiency or grant relief.