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Texas court deadline

How long do I have to reinstate a case dismissed for want of prosecution in Texas?

If your case was dismissed for want of prosecution, a verified (sworn) motion to reinstate must be filed within 30 days after the dismissal order is signed.

What the date means
The last day to file a verified (sworn) motion to reinstate a case dismissed for want of prosecution.
The clock starts
The date on the signed order of dismissal.
Applies to
Cases dismissed for want of prosecution.
Rule
Tex. R. Civ. P. 165a(3); Tex. R. Civ. P. 4

How to count it

Do not count the starting day. Count 30 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:

  1. Start: Monday, June 1, 2026. That day itself is not counted.
  2. Count 30 calendar days: Wednesday, July 1, 2026.
  3. Wednesday, July 1, 2026 is not a weekend or legal holiday, so it stays.

Under Tex. R. Civ. P. 165a(3), counting from Monday, June 1, 2026, the computed date is

Wednesday, July 1, 2026

This is an example only. Your own date depends on your starting date and your court.

Watch out for

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 reinstate a case dismissed for want of prosecution in Texas?

If your case was dismissed for want of prosecution, a verified (sworn) motion to reinstate must be filed within 30 days after the dismissal order is signed. The last day to file a verified (sworn) motion to reinstate a case dismissed for want of prosecution.

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?

Cases dismissed for want of prosecution.

Where does this rule come from?

Tex. R. Civ. P. 165a(3); Tex. R. Civ. P. 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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