Amending a challenged cause of action under Rule 91a
A respondent can amend or nonsuit a cause of action challenged by a Rule 91a motion if it does so at least 3 days before the hearing. Enter the hearing or submission date to find the last day.
- TRCP 91a.5
- TRCP 91a.4
- TRCP 4
Find the last day to amend
Rule 91a motion to dismiss a baseless cause of action.
If the motion is decided without a hearing, use the submission date.
Holidays and court closures
The national holidays in Texas Government Code 662.003(a) are always skipped.
Off by default. Only turn this on if your court was closed that day.
For weather or emergency closures. Check the court's notice to confirm it extends deadlines.
How the deadline is counted
- Start from the hearing date. The hearing day itself is not counted.
- Count back 3 days. Because the period is 5 days or less, Rule 4 skips Saturdays, Sundays and legal holidays.
- File the amendment or nonsuit by that day. If you amend, the movant may withdraw or amend its motion before the hearing.
Worked examples
| Example | Hearing | Deadline |
|---|---|---|
| Hearing on a Monday | Mon, Nov 30, 2026 | Tue, Nov 24, 2026 |
| Hearing on a Thursday | Thu, Nov 19, 2026 | Mon, Nov 16, 2026 |
| Hearing the Tuesday after Thanksgiving week | Tue, Dec 1, 2026 | Wed, Nov 25, 2026 |
Related Rule 91a dates
A response to the motion must be filed no later than 7 days before the hearing under Rule 91a.4. That 7-day period is longer than 5 days, so weekends count. The calculator shows it as a related date.
Costs and fees. Rule 91a.7 lets the court award costs and attorney fees on a ruling, though the rule's wording has changed over time. Amending or nonsuiting on time can avoid a ruling on the challenged claim.
Common questions
How many days before the hearing can I amend under Rule 91a?
At least 3 days before the hearing. Weekends and legal holidays are not counted in that 3-day period.
What if there is no oral hearing?
Rule 91a.6 treats submission as the hearing, so count back from the submission date.
Is a nonsuit on the same timeline?
Yes. Under Rule 91a.5(a), the court may not rule if the respondent nonsuits the challenged cause of action at least 3 days before the hearing.
Sources
- Texas Rules of Civil Procedure, Rule 91a
- Texas Rules of Civil Procedure, Rule 4
Rules last checked October 2026. This calculator does not give legal advice. Confirm the date against the rule and any order in your case.