TRCP 5: Due Date, Deadline Extensions and Mailbox Rule

Tex. R. Civ. P. 5 (five)

Do you mail your pleadings, motions and discovery in "wrappers" with postage affixed? Maybe so, but that's quaint language. Okay, so we got to call the wrapper an envelope and wrappers envelopes a few times for the benefit of the search engines and the proper indexing. More importantly, MAILBOX RULE better be put in the title tag of this post, even if not mentioned in so many words anywhere in the text of the rule.

TEXT OF RULE 5. ENLARGEMENT OF TIME

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.

SYNONYMS, ALTERNATE OR COMMON NAMES, USAGE: deadline due date extension, permission to late-file late-serve, The Mailbox Rule
As for due date and deadline extensions, also see related concetps and terms such as motion and order for continuance, reset, recess, and postponement