Rule 5.Enlargement of Time

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

In one sentenceRule 5 lets a court extend a deadline — freely for cause if you ask before it runs, or only for good cause if you ask after — and it adds a mailbox rule: a paper mailed on time and received by the clerk within ten days counts as filed on time.

Full Text of Rule 5

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When by these rules or by a notice given thereunder or by order of court an act is required or allowed to be done at or within a specified time, the court for cause shown may, at any time in its discretion (a) with or without motion or notice, order the period enlarged if application therefor is made before the expiration of the period originally prescribed or as extended by a previous order; or (b) upon motion permit the act to be done after the expiration of the specified period where good cause is shown for the failure to act. The court may not enlarge the period for taking any action under the rules relating to new trials except as stated in these rules. If any document is sent to the proper clerk by first-class United States mail in an envelope or wrapper properly addressed and stamped and is deposited in the mail on or before the last day for filing same, the same, if received by the clerk not more than ten days tardily, shall be filed by the clerk and be deemed filed in time. A legible postmark affixed by the United States Postal Service shall be prima facie evidence of the date of mailing.

End

Notes and Comments

Comment to 1990 change: To make the last date for mailing under Rule 5 coincide with the last date for filing.

Plain-English Summary

Rule 5 is the general tool for moving a deadline set by the rules, a notice, or a court order. If you ask before the period runs out, the court may extend it “for cause shown,” with or without a motion. If you ask after it has run, you need a motion and must show “good cause” for missing it — a higher bar.

The rule does not stretch everything. A court cannot use it to enlarge the deadlines that relate to new trials, except where the rules themselves allow.

Rule 5 also carries Texas’s mailbox rule for filing. If you send a document to the proper clerk by first-class United States mail, properly addressed and stamped, and deposit it on or before the last day to file, it is treated as filed on time so long as the clerk receives it within ten days. A legible postmark from the Postal Service is prima facie evidence of the mailing date.

Frequently Asked Questions

What is the Texas mailbox rule for filing?

A document mailed first-class to the proper clerk, properly addressed and stamped, and deposited on or before the deadline is deemed filed on time if the clerk receives it within ten days. A legible U.S. Postal Service postmark is prima facie evidence of the mailing date.

Is it easier to extend a deadline before or after it expires?

Before. If you apply before the period ends, the court may extend it for cause shown. After it ends, you must file a motion and show good cause for the failure to act.

Can Rule 5 extend a new-trial deadline?

No. The rule expressly bars enlarging the periods relating to new trials except as the rules otherwise provide.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 5), 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: enlargement of timeextension of a deadlinemailbox rulemotion for extensiongood cause for late filingTRCP 5