Tex. R. Civ. P. 5 · Part I. GENERAL RULES
ENLARGEMENT OF TIME
Text — As posted by the Supreme Court of Texas (file dated October 2, 2026)
When by these rules or by a notice given thereunder or by order of court an act is required or allowed to be done at or within a specified time, the court for cause shown may, at any time in its discretion (a) with or without motion or notice, order the period enlarged if application therefor is made before the expiration of the period originally prescribed or as extended by a previous order; or (b) upon motion permit the act to be done after the expiration of the specified period where good cause is shown for the failure to act. The court may not enlarge the period for taking any action under the rules relating to new trials except as stated in these rules. If any document is sent to the proper clerk by first-class United States mail in an envelope or wrapper properly addressed and stamped and is deposited in the mail on or before the last day for filing same, the same, if received by the clerk not more than ten days tardily, shall be filed by the clerk and be deemed filed in time. A legible postmark affixed by the United States Postal Service shall be prima facie evidence of the date of mailing.
Notes and commentary — not rule text
Notes and Comments
Comment to 1990 change: To make the last date for mailing under Rule 5 coincide with the last date for filing.
Source of truth
- Edition
- As posted by the Supreme Court of Texas (file dated October 2, 2026)
- Official file
- https://www.txcourts.gov/media/1463426/texas-rules-of-civil-procedure.pdf (PDF pages 20–21)
- Text hash
- sha256 5bd18ad607c6ccf21268151a55d933d68ab0bae66c1c29786c2754ec5f3b6ec0
- Composed by
- compose_tx_rules.py 2026-10-05: two PDF extractors agree character for character after the same chrome removal
BenchPath cards that rely on this text
- Amended Local Rules of the County Courts at Law and District Courts of Galveston County
- Cameron County Local Rules of the District Courts Concerning the Electronic Filing of Court Documents (adopted March 9, 2004; Supreme Court temporary approval May 25, 2004)
- Gregg County Local Rules of the District and County Court at Law Courts concerning the Electronic Filing of Court Documents (adopted June 5, 2013)
- Webb County Local Rules of the District Courts and County Courts at Law Concerning the Electronic Filing of Court Documents (adopted August 31, 2005; approved by the Supreme Court of Texas, Misc. Docket No. 05-9198, December 7, 2005)
Cited by 2 provisions
Provisions in this library whose text cites Tex. R. Civ. P. 5. Each shows the citation as that text prints it.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.