Rule 4.Computation of Time
Last amended September 1, 1990 · Last verified June 28, 2026
Full Text of Rule 4
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.