United States · Texas trial setting and pretrial
When must a Texas jury request and applicable jury fee be filed?
Rule 216 requires a written jury request filed a reasonable time before the trial date on the nonjury docket, and at least thirty days in advance. The applicable jury fee is due within the same request period unless law provides otherwise. Rule 217 addresses inability to make the deposit. Thirty days alone does not decide reasonableness or establish jury entitlement. This guide calculates no date.
- Period
- A reasonable time before the nonjury trial date, in any event at least thirty days, with the fee in the same period unless otherwise provided by law
- Trigger
- The actual trial date on the nonjury docket and the circumstances affecting reasonable request timing
- Rule
- Texas Rule 216(a)–(b), 217
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 thirty-day preset cannot decide reasonable timing, the applicable fee or inability process, actual trial setting or jury entitlement. It also does not resolve a backward closed-day last date. This guide publishes no calculated result.
Texas Rule 216(a)–(b), 217What lawyers say
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Which facts and events control this procedure?
Obtain the actual nonjury trial setting and any applicable scheduling order.
Identify the filed written jury request and applicable fee or inability procedure.
Assess reasonable timing separately from the thirty-day minimum and preserve docket evidence.
Texas Rule 216(a)–(b), 217How does the required timing work?
- Obtain the actual nonjury trial setting and any applicable scheduling order.
- Rule 216(a) requires both reasonable time and not less than thirty days before the nonjury setting. Rule 216(b) places the fee deposit within the same request period unless law provides otherwise. A date subtraction does not decide the reasonableness condition.
- 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 216(a)–(b), 217Why is no fixed date calculated?
The thirty-day preset cannot decide reasonable timing, the applicable fee or inability process, actual trial setting or jury entitlement. It also does not resolve a backward closed-day last date. This guide publishes no calculated result.
Which conditions, exceptions or court directions matter?
- Reasonable time is separate
- The rule requires reasonable time in addition to its thirty-day minimum. Establish the actual trial setting and circumstances instead of treating the minimum as an automatic entitlement.
- Fee and governing law
- Rule 216(b) requires deposit within the request period unless law provides otherwise. Rule 216(b) states $10 in district court and $5 in county court unless otherwise provided by law. Verify the actual applicable fee and preserve the docket notation; do not rely on the repealed statute named in the 1990 comment.
- Inability to make the deposit
- Rule 217 addresses a timely inability oath in place of the deposit and the court’s jury-docket order. Rule 145(b) separately requires the Supreme Court-approved Statement of Inability to Afford Payment of Court Costs or another sworn document containing the same information. Its sworn statement may be notarized or made under penalty of perjury. Rule 145(f) requires notice, an evidentiary hearing and detailed findings before ordering costs paid after a Statement is filed. Preserve the actual inability filing and jury-docket record.
- Later docket withdrawal
- Rule 220 addresses withdrawal from the jury docket over an adversely interested party’s objection and states the appearance-related waiver. A timely request does not decide those later acts.
- 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
When must a Texas jury request and applicable jury fee be filed?
Does a request exactly thirty days before trial always secure a jury?
Rule 216(a) also requires reasonable time. A minimum-interval calculation does not decide that condition or the actual fee and inability requirements.
Texas Rule 216(a)–(b), 217Is paying a fee alone a written jury request?
Rule 216 separately requires the written request filed with the clerk and the applicable fee requirement.
Texas Rule 216(a)–(b)Can I use the same procedure in an eviction case?
Part V and Rule 510 have their own jury procedures. This district or county guide does not substitute for them.
Texas Rule 216, 504.1, 510.8(b)Official sources and review
Provisions used (8)
| Provision | Purpose |
|---|---|
| Texas Rule 216(a)–(b), 217 | The actual actor, required act and timing conditions |
| Texas Rule 216(a) | Reasonable time is separate |
| Texas Rule 216(b) | Fee and governing law |
| Texas Rule 217, 145(b), (f) | Inability to make the deposit |
| Texas Rule 220 | Later docket withdrawal |
| 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 |
| Enacted Texas SB 41, sections 5.01(c)(8) and 6.01 | Repeal of Government Code 51.604 effective January 1, 2022 |