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United States · Texas pleadings and dispositive motions

How much notice must each party receive of a Texas Rule 91a hearing?

Each party is entitled to at least fourteen days’ notice of the Rule 91a motion hearing. Hearing includes submission as well as oral hearing under the rule comment. The court may dispense with oral argument, but that does not eliminate each party’s notice entitlement. This guide calculates no notice date.

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Read why no date is calculated
Period
At least fourteen days’ notice to each party
Trigger
The actual hearing or submission and notice to each party
Rule
Texas Rule 91a.6 and 2013 comment
Texas Rules of Civil Procedure

Official consolidated rules dated October 1, 2026, with individual amendment and transition provisions

Source guide · No automated date

Check the required act and controlling order

The source guide cannot establish actual notice to every party or decide a backward closed-day service date from one input.

Texas Rule 91a.6 and 2013 comment

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Which facts and events control this procedure?

Obtain the actual oral hearing or submission setting.

Identify every party entitled to notice and when actual notice was given.

Keep the motion, response and short-period amendment intervals separate from this notice.

Texas Rule 91a.6 and 2013 comment

How does the required timing work?

  1. Obtain the actual oral hearing or submission setting.
  2. Preserve at least fourteen days’ notice to each party before the actual hearing or submission. Fourteen exceeds Rule 4’s short-period exception. A filed motion or notice document alone does not prove each party’s timely notice.
  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.

Texas Rule 91a.6 and 2013 comment

Why is no fixed date calculated?

The source guide cannot establish actual notice to every party or decide a backward closed-day service date from one input.

Which conditions, exceptions or court directions matter?

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.
Oral argument is optional
Rule 91a.6 permits but does not require an oral hearing. The 2013 comment includes submission in hearing, preserving the relevant timing and notice for a submission setting.
Notice is not motion or response filing
Rule 91a.3(b) separately requires motion filing at least twenty-one days before hearing, while .4 governs any response seven days before hearing. Fourteen-day notice does not satisfy either other required act.
Texas Rule 91a.6 and 2013 comment
  • 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.

What must be completed and preserved?

Common questions about this required act

How much notice must each party receive of a Texas Rule 91a hearing?

Is notice unnecessary if the court decides by submission?

No. The Rule 91a comment includes submission within hearing, and .6 gives each party the stated notice entitlement.

Texas Rule 91a.6 and 2013 comment

Does fourteen-day notice make a motion filed too close to hearing timely?

No. The motion has its separate at-least-twenty-one-day filing condition under .3(b).

Texas Rule 91a.3(b), .6

Does an oral hearing permit ordinary evidence on dismissal?

Rule 91a.6 limits the decision to the pleaded cause and permitted Rule 59 exhibits, with the stated fee-evidence exception.

Texas Rule 91a.6–.7

Official sources and review

Provisions used (6)
Provisions used in this guide
ProvisionPurpose
Texas Rule 91a.6 and 2013 commentThe actual actor, required act and timing conditions
Texas Rule 91a.6–.7 and 2013/2019 commentsPleading decision and fee evidence differ
Texas Rule 91a.6 and 2013 commentOral argument is optional
Texas Rule 91a.3(b), .4, .6Notice is not motion or response filing
Texas Rule 4Computation, short periods and closed-day boundaries
Texas Rule 21a, 21(f)(5)Separate service and ordinary electronic filing requirements, where applicable
Read the official Texas Civil Rules

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