Rule 245.Assignment of Cases for Trial

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

In one sentenceRule 245 lets the court set a contested case for trial on a party's request, its own motion, or by agreement, with at least 45 days' notice of a first setting, and lets it reset the case later on any reasonable notice.

Full Text of Rule 245

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The court may set contested cases on written request of any party, or on the court's own motion, with reasonable notice of not less than forty-five days to the parties of a first setting for trial, or by agreement of the parties; provided, however, that when a case previously has been set for trial, the Court may reset said contested case to a later date on any reasonable notice to the parties or by agreement of the parties. Non-contested cases may be tried or disposed of at any time whether set or not, and may be set at any time for any other time. A request for trial setting constitutes a representation that the requesting party reasonably and in good faith expects to be ready for trial by the date requested, but no additional representation concerning the completion of pretrial proceedings or of current readiness for trial shall be required in order to obtain a trial setting in a contested case.

End

Notes and Comments

Comment to 1990 change: First paragraph, to harmonize a first time nonjury setting with the time for jury demand, and to set a more realistic notice for trial. Second paragraph, to standardize the readiness requirement to obtain a trial setting.

Plain-English Summary

Rule 245 controls how a case gets a trial date. For contested cases, the court may set the trial on a party's written request, on its own motion, or by agreement, and a first setting requires reasonable notice of not less than 45 days. Once a case has been set, the court may reset it to a later date on any reasonable notice or by agreement — the 45-day floor applies only to the first setting. Non-contested cases may be tried or set at any time.

Asking for a trial setting represents that the party reasonably and in good faith expects to be ready by that date, but the rule requires no further showing of readiness to obtain the setting.

Frequently Asked Questions

How much notice is required for a first trial setting in Texas?

Not less than 45 days for a first setting of a contested case under Rule 245. A later reset requires only reasonable notice or the parties' agreement.

How can a case get set for trial in Texas?

On a party's written request, on the court's own motion, or by the parties' agreement. Rule 245 gives the court all three paths for a contested case.

Does requesting a trial setting require proof the case is ready for trial?

No. Rule 245 requires only a good-faith expectation of being ready by the date requested, with no added showing about pretrial progress needed to get the setting.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 245), 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: assignment of cases for trialtrial setting45 days noticefirst settingTRCP 245