Texas court deadline
How long do I have to file for a writ of certiorari from justice court in Texas?
A writ of certiorari asks the county court to review a justice court case. The application must be filed within 90 days after the final judgment is signed, and it has strict requirements.
- What the date means
- The last day to file an application in county court for a writ of certiorari to review a final justice court judgment.
- The clock starts
- Use the date the justice of the peace SIGNED the judgment. The judgment must be dated the day it was signed. Not the trial date. Eviction cases have their own option below.
- Applies to
- After final judgment in a case tried in justice court (small claims, debt claim, repair and remedy). Not eviction cases.
- Rule
- Tex. R. Civ. P. 506.4(d); Tex. R. Civ. P. 500.4
How to count it
Do not count the starting day. Count 90 calendar days, including weekends and holidays. If the last day is a Saturday, Sunday or legal holiday, the deadline moves to the next day that is not.
Worked example
Say the starting date was Monday, June 1, 2026. Here is each step:
- Start: Monday, June 1, 2026. That day itself is not counted.
- Count 90 calendar days: Sunday, August 30, 2026.
- Sunday, August 30, 2026 is a Sunday, so it moves to the next day.
Under Tex. R. Civ. P. 506.4(d), counting from Monday, June 1, 2026, the computed date is
Monday, August 31, 2026
This is an example only. Your own date depends on your starting date and your court.
Watch out for
- This is a narrow remedy, different from an ordinary appeal. Talk to a lawyer or legal aid if you can.
- The application needs a sworn statement of facts showing the justice court did not have jurisdiction, or that the judgment worked an injustice not caused by your own inexcusable neglect (Rule 506.4(b)).
- The writ does not issue until you file a bond, make a cash deposit or file a Statement of Inability (Rule 506.4(c)).
Not reviewed by an attorney. ProSeFiler’s deadline rules were written from the official rule text, but no lawyer has reviewed them. Read the rule yourself and confirm every date with the court clerk.
Count your own date.
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Common questions
How long do I have to file for a writ of certiorari from justice court in Texas?
A writ of certiorari asks the county court to review a justice court case. The application must be filed within 90 days after the final judgment is signed, and it has strict requirements. The last day to file an application in county court for a writ of certiorari to review a final justice court judgment.
Does a weekend or holiday change the date?
Yes. If the last day falls on a Saturday, Sunday or legal holiday, the deadline moves to the next day that is not one (Tex. R. Civ. P. 4; Tex. R. App. P. 4.1; Tex. R. Civ. P. 500.4 in justice court). Courts also close for local reasons, so call the clerk ahead of time.
Who does this rule apply to?
After final judgment in a case tried in justice court (small claims, debt claim, repair and remedy). Not eviction cases.
Where does this rule come from?
Tex. R. Civ. P. 506.4(d); Tex. R. Civ. P. 500.4. Read the official text yourself and confirm the date with the court clerk. ProSeFiler last checked this rule against the official text on Sunday, November 8, 2026.
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