When must a Texas notice of past-due findings and conclusions be filed?

Obtain the original Rule 296 request and proof that it was timely filed.

Establish the court’s actual sending deadline and that timely findings were not sent.

Prepare the notice stating the original request filing date and the findings due date.

1. Obtain the original Rule 296 request and proof that it was timely filed.
2. Confirm the stated branch and actual triggering record.
3. Exclude the event and count 30 calendar days.
4. Check the final day and complete the specific required act. A court ruling, operation-of-law event and party filing are distinct.

Rule 4 excludes the triggering event and counts intermediate calendar days for these periods longer than five days. A final Saturday, Sunday or legal holiday moves to the next day that is not one of those days. Establish the actual legal holidays, court calendar and any additional closure. Government Code 662.021 identifies the checked Labor Day holiday in the examples; an ordinary office schedule alone does not establish every legally eligible expiry day.

Enter original request filing, not judgment signing or the missed court sending date. Confirm the court failed to send timely findings.

Fictitious example

Fictitious ordinary facts. Actual filing of the original timely Rule 296 request occurred August 2, 2027. The stated ordinary branch applies without a different start, exception, additional closure or controlling order.

Fictitious facts and the stated ordinary branch only. Actual orders, case facts and legal holidays require separate checking. The closed-day example assumes the next identified day is otherwise eligible.

Timely original request and unmet duty

Rule 297’s notice procedure follows the court’s failure to send timely findings after a timely Rule 296 request. A defective or late original request is not made timely by calculating thirty days.

Original request filing is the event

The thirty-day notice period runs after filing the original request. It is not thirty additional days after the court’s ordinary twenty-day sending period expires.

Required notice content and service

The notice must state the original request filing date and when findings and conclusions were due. It must be filed with the clerk and served on all other parties under Rule 21a.

Court’s extended sending date

Upon filing the notice, the court’s sending period is extended to forty days from the original request filing date. The rule does not add forty days from the past-due notice.

• This preset does not establish jurisdiction, preservation, legal sufficiency, proof of a different start or the actual local calendar.
• The result remains provisional until the required facts, rule and order are checked.

• Obtain the original Rule 296 request and proof that it was timely filed.
• Establish the court’s actual sending deadline and that timely findings were not sent.
• Prepare the notice stating the original request filing date and the findings due date.
• Rule 297’s notice procedure follows the court’s failure to send timely findings after a timely Rule 296 request. A defective or late original request is not made timely by calculating thirty days.
• The thirty-day notice period runs after filing the original request. It is not thirty additional days after the court’s ordinary twenty-day sending period expires.
• The notice must state the original request filing date and when findings and conclusions were due. It must be filed with the clerk and served on all other parties under Rule 21a.
• Upon filing the notice, the court’s sending period is extended to forty days from the original request filing date. The rule does not add forty days from the past-due notice.
• File the titled Notice of Past Due Findings of Fact and Conclusions of Law with the clerk and serve all other parties under Rule 21a. State both required dates. The clerk must immediately call the notice to the court’s attention. Preserve the original request, proof of the unmet sending duty, notice filing and service. File the actual required document with the clerk and complete the 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, actual receipt and service proof. Read any leave, specific time or technical-failure order. Filing does not establish a favorable ruling or independently verify the document’s legal sufficiency.