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Rule 4.Computation of Time

Last amended September 1, 1990 · Last verified June 28, 2026

In one sentenceRule 4 tells you how to count a deadline: skip the first day, count the last, and if the last day is a weekend or legal holiday, move to the next business day — and for any period of five days or less, weekends and legal holidays do not count at all.

Full Text of Rule 4

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In computing any period of time prescribed or allowed by these rules, by order of court, or by any applicable statute, the day of the act, event, or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday, or legal holiday. Saturdays, Sundays, and legal holidays shall not be counted for any purpose in any time period of five days or less in these rules, except that Saturdays, Sundays, and legal holidays shall be counted for purpose of the three-day periods in Rules 21 and 21a, extending other periods by three days when service is made by mail.
End

Notes and Comments

Comment to 1990 change: Amended to omit counting Saturdays, Sundays and legal holidays in all periods of less than five days with certain exceptions.

Plain-English Summary

Rule 4 is the method for counting any deadline set by the rules, a court order, or a statute. You do not count the day the clock starts — the day of the act, event, or default. You do count the last day, unless it falls on a Saturday, Sunday, or legal holiday, in which case the deadline moves to the next day that is none of those.

Short deadlines get extra protection. For any period of five days or less in the rules, Saturdays, Sundays, and legal holidays are skipped entirely, not just at the end. There is one important exception: the three-day periods in Rules 21 and 21a — the days added when a paper is served by mail — are counted as straight calendar days, weekends and holidays included.

“Legal holiday” follows the Texas Government Code’s holiday provisions, which cover the familiar national holidays plus several state holidays. When a deadline is tight, it is worth confirming whether an intervening day is a legal holiday before you count.

Frequently Asked Questions

Do I count the first day when figuring a deadline?

No. Rule 4 excludes the day of the act, event, or default that starts the period. You begin counting the next day.

What happens if my deadline lands on a weekend or holiday?

The deadline moves to the next day that is not a Saturday, Sunday, or legal holiday.

Do weekends count in a five-day deadline?

No. For any period of five days or less in the rules, Saturdays, Sundays, and legal holidays are not counted at all.

Does the five-day rule apply to the three extra days for service by mail?

No. The three-day periods in Rules 21 and 21a are counted as ordinary calendar days, including weekends and legal holidays.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 4), 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: computation of timecounting dayshow to count a deadlinelegal holidaysfive day rulethree day mail ruleTRCP 4