United States · Texas trial setting and pretrial
How much notice is required for a first contested Texas trial setting?
For a first trial setting in a contested case, Rule 245 ordinarily requires reasonable notice of at least forty-five days to the parties, or their agreement. A case already set may be reset later on reasonable notice or by agreement. Noncontested cases have different treatment. The first-setting minimum is not a universal notice period for every trial. This guide calculates no date.
- Period
- Reasonable notice of at least forty-five days for a first contested setting, or agreement; later resets use the separate reasonable-notice branch
- Trigger
- The actual first trial setting in a contested case, with any party agreement established
- Rule
- Texas Rule 245
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 isolated forty-five-day preset cannot select contested status, first-setting versus reset, agreement or reasonable notice. Its backward review setting does not resolve a closed-day date. This guide supplies no calculated setting or notice deadline.
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Which facts and events control this procedure?
Establish that the case is contested and identify its actual first trial setting.
Obtain the written request, setting notice, recipient evidence and any party agreement.
Identify previous settings and resets before applying the first-setting branch.
Texas Rule 245How does the required timing work?
- Establish that the case is contested and identify its actual first trial setting.
- Rule 245’s forty-five-day minimum and reasonable notice apply to the ordinary first contested setting. The party-agreement alternative and reasonable-notice rule for a later reset are separate. Do not infer forty-five new days from every later setting.
- Read the actual order and confirm every stated condition.
- Complete the act required by the rule, not merely a date calculation.
Rule 4 excludes the triggering act or event and includes the last computed day. Periods longer than five days count intermediate weekends and holidays. Do not automatically move a backward latest date forward toward trial and shorten the required interval. Read the current rule, actual court calendar and order. This guide applies no automatic backward closed-day adjustment.
Texas Rule 245Why is no fixed date calculated?
The isolated forty-five-day preset cannot select contested status, first-setting versus reset, agreement or reasonable notice. Its backward review setting does not resolve a closed-day date. This guide supplies no calculated setting or notice deadline.
Which conditions, exceptions or court directions matter?
- Later reset
- A case previously set may be reset to a later date on any reasonable notice to the parties or by agreement. Rule 245 does not repeat the first-setting forty-five-day minimum for that separate branch.
- Noncontested cases
- Rule 245 permits noncontested cases to be tried or disposed of at any time whether set or not. Establish actual contested status before applying the first-setting notice requirement.
- Readiness representation
- A trial-setting request represents a reasonable and good-faith expectation of readiness by the requested date. The rule does not require an additional representation of completed pretrial proceedings or present readiness to obtain a setting.
- Clerk setting information
- Rule 246 requires the clerk to keep the setting record and send the setting date on proper written request. Its stated failure and prejudice conditions may support continuance or a new trial; relief is not established merely by a missed message.
- 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 is required for a first contested Texas trial setting?
Does every reset require forty-five days of new notice?
Rule 245 separates the first contested setting from a later reset on reasonable notice or agreement.
Texas Rule 245Can the parties agree to a different setting?
Rule 245 states the party-agreement alternative. Establish the actual agreement and relevant setting.
Texas Rule 245Must a setting request certify that all pretrial work is already complete?
No. It represents a reasonable and good-faith expectation of readiness by the requested date, without the additional present-readiness representation excluded by the rule.
Texas Rule 245Official sources and review
Provisions used (7)
| Provision | Purpose |
|---|---|
| Texas Rule 245 | The actual actor, required act and timing conditions |
| Texas Rule 245 | Later reset |
| Texas Rule 245 | Noncontested cases |
| Texas Rule 245 | Readiness representation |
| Texas Rule 246 | Clerk setting information |
| Texas Rule 4 | Computation, short periods and closed-day boundaries |
| Texas Rule 21a, 21(f)(5) | Separate service and ordinary electronic filing requirements, where applicable |