Last amended May 28, 2024 · Last verified June 28, 2026
In one sentenceRule 246 requires the clerk to keep a record of trial settings and, on written request, to send the parties the setting date, and makes the clerk's failure to do so a ground for continuance or new trial when it has prejudiced a party.
Full Text of Rule 246
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The clerk must keep a record of all cases set for trial and, upon written request, must send the parties the date of setting as provided in Rule 21(f)(10). Failure of the clerk to send such information on proper request is sufficient ground for continuance or for a new trial when it appears to the court that such failure has prevented a party from preparing or presenting the party’s claim or defense.
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Plain-English Summary
Rule 246 puts notice of trial settings on the clerk. The clerk keeps a record of all cases set for trial and, on written request, sends the parties the date of the setting as Rule 21 provides. If the clerk fails to send that information after a proper request, and the failure prevented a party from preparing or presenting its claim or defense, that is a sufficient ground for a continuance or a new trial.
Frequently Asked Questions
How do parties learn of a trial setting in Texas?
Under Rule 246, the clerk keeps a record of settings and, on written request, sends the parties the setting date. A clerk's failure to do so can support a continuance or new trial if it caused prejudice.
How does a party request notice of a trial setting under Rule 246?
By making a written request to the clerk, who then sends the setting date the way Rule 21 provides.
What must a party show to win a continuance from a missed setting notice?
That the clerk's failure to send the notice, despite a proper written request, prevented the party from preparing or presenting its claim or defense. Rule 246 ties the remedy to that showing.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 246), published by the Texas Judicial Branch (txcourts.gov).
Promulgated by the Supreme Court of Texas. The plain-English summary is original and draws on official sources. Last verified June 28, 2026. ·
Official source
Also known as:clerk to give notice of settingsnotice of trial settingsetting noticeTRCP 246