When does a timely nonsuit or withdrawal prevent a Texas Rule 91a ruling?

Identify the actual hearing or submission and challenged cause.

Determine whether the respondent will file that cause’s nonsuit or the movant will file withdrawal.

Preserve actual filing, required service and the legal holiday calendar for the three-day interval.

1. Identify the actual hearing or submission and challenged cause.
2. Exclude the hearing reference day and intermediate Saturdays, Sundays and legal holidays when assessing the three-day lead interval under Rule 4. The relevant act is actual filing of the specified nonsuit or withdrawal.
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 intermediate Saturdays, Sundays and legal holidays for periods of five days or less. The three-day period therefore needs the legally relevant holiday calendar, not an assumption that every weekday counts. Read the actual hearing or submission record and any controlling order. This guide calculates no backward result or automatic last-day adjustment.

The guide does not calculate the short backward interval or treat withdrawing a motion as deciding every other claim or fee issue.

Correct actor and document

Rule 91a.5(a) distinguishes the respondent’s nonsuit of the challenged cause from the movant’s withdrawal of the dismissal motion. Intent to withdraw, settlement discussion or an unfiled draft is not the stated act.

Court ruling effect

The court may not rule when the specified timely filing occurs. Rule 91a.5(c) otherwise requires a ruling, except by party agreement and its stated withdrawal or nonsuit branches. It bars considering an untimely nonsuit or amendment as permitted Rule 91a changes.

Pleading decision and fee evidence differ

Rule 91a.6 permits submission without an oral hearing and decides dismissal from the challenged pleading and permitted Rule 59 exhibits, without other evidence except as required for Rule 91a.7. For actions commenced on or after September 1, 2019, .7 permits an evidence-based prevailing-party costs and reasonable necessary trial-court fee award, subject to its governmental-action exception. Earlier actions require the applicable prior fee rule.

• 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 actual hearing or submission and challenged cause.
• Determine whether the respondent will file that cause’s nonsuit or the movant will file withdrawal.
• Preserve actual filing, required service and the legal holiday calendar for the three-day interval.
• Rule 91a.5(a) distinguishes the respondent’s nonsuit of the challenged cause from the movant’s withdrawal of the dismissal motion. Intent to withdraw, settlement discussion or an unfiled draft is not the stated act.
• The court may not rule when the specified timely filing occurs. Rule 91a.5(c) otherwise requires a ruling, except by party agreement and its stated withdrawal or nonsuit branches. It bars considering an untimely nonsuit or amendment as permitted Rule 91a changes.
• Rule 91a.6 permits submission without an oral hearing and decides dismissal from the challenged pleading and permitted Rule 59 exhibits, without other evidence except as required for Rule 91a.7. For actions commenced on or after September 1, 2019, .7 permits an evidence-based prevailing-party costs and reasonable necessary trial-court fee award, subject to its governmental-action exception. Earlier actions require the applicable prior fee rule.
• File the specific nonsuit of the challenged cause or withdrawal of the motion within the qualifying interval. Preserve the actual document, clerk receipt and required service. Notify the court of the qualifying filing and preserve its docket record. 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.