Texas citation by publication calculator

Work out the dates that matter when a defendant is served by publication: the answer date, the newspaper and website publication timeline, when the return can be filed and the earliest default. There's also an eviction mode for the Rule 510.8 deadlines. Everything runs in your browser; nothing you enter is sent anywhere.

Court District or county court (Rules 114, 116)Justice court: small claims or debt claim (Rule 501.2(f))Justice court eviction (Rules 510.4, 510.8) Date the citation was issued First newspaper publication (optional) First day on the Public Information Internet Website (optional) Date the return was filed (optional) Other days the court was closed (optional, YYYY-MM-DD, comma separated) Calculate

How it works

District and county courts

• When publication is allowed, Rule 109: the party must swear that the defendant's residence is unknown, the defendant is transient, or the defendant is absent or a nonresident and Rule 108 service failed, and that diligent efforts to locate them failed. The court must "inquire into the sufficiency of the diligence" before granting judgment. Under Rule 109a the court may order another method that is "as likely as publication to give defendant actual notice."
• Answer date, Rule 114: the citation commands the defendant to answer "at or before 10 o'clock a.m. of the first Monday after the expiration of 42 days from the date of issuance." We count 42 days from issuance, not counting the day of issuance (Rule 4), and take the next Monday. If day 42 is itself a Monday, the answer is due the following Monday. A holiday Monday moves to the next business day (Rule 4).
• Newspaper, Rule 116(c): served by a sheriff, constable or the clerk, and "published once each week for 4 consecutive weeks, and the first publication must be at least 28 days before the return is filed." Publish in the county where the suit is pending, or where the land is for title and partition suits.
• Website, Rule 116(d): the clerk publishes the citation on the Public Information Internet Website (Government Code §72.034) "for at least 28 days before the return is filed." Newspaper publication may be skipped in the three situations in Rule 116(b)(2); website publication may not.
• Return, Rule 117: a newspaper return states how and when the citation was published, is signed by the officer, and includes an image of the publication. A website return lists the dates of publication and is generated by the Office of Court Administration.
• Default: the return must be on file ten days, "exclusive of the day of filing and the day of judgment" (Rule 107(h)), so the earliest day is the filing date plus 11 days, and we never show a date before the answer date has passed. On default after publication, the court appoints an attorney ad litem and files a statement of the evidence (Rule 244). The defendant has two years after judgment to seek a new trial for good cause (Rule 329).

Justice courts

• "In the event that service of citation by publication is necessary, the process is governed by the rules in county and district court" (Rule 501.2(f)). So the Rule 116 publication timeline above applies.
• Rule 114 says a justice court citation must command an answer on the day the court convenes "after the expiration of 42 days from the date of issue," naming the day. Courts set that date on the citation, so the tool shows when the 42 days run out and you should use the date on the citation.
• Default in justice court needs the return on file three days, exclusive of the filing day and judgment day (Rule 501.3(h)).

Evictions

• Counting days, Rule 510.4(a): exclude the trigger day, count every day including weekends and holidays, and if the last day is a Saturday, Sunday or holiday, extend to the next day that isn't.
• Trial window, Rule 510.8(b)(10): "not less than 10 days nor more than 21 days after the petition is filed."
• Service, Rule 510.8(d)(4): only a sheriff or constable may serve, with a diligent effort "within 5 business days after the date the petition is filed," at least 4 days before trial, and never on a Sunday. The return must be filed at least one day before trial (Rule 510.8(f)(1)).
• No publication: if delivery fails, the judge may authorize delivery to the premises plus first-class mail (Rule 510.8(e)). See the eviction citation guide.

Quick answers

When is the answer due on a Texas citation by publication?

In district and county court, at or before 10:00 a.m. on the first Monday after 42 days have passed from the date the citation was issued (Rule 114). If that Monday is a legal holiday, Rule 4 moves the deadline to the next day that is not a Saturday, Sunday or legal holiday.

How many times must a citation be published in the newspaper?

Once each week for 4 consecutive weeks, with the first publication at least 28 days before the return is filed (Rule 116(c)(2)). It must also be published on the state Public Information Internet Website for at least 28 days before the return is filed (Rule 116(d)(2)).

When can newspaper publication be skipped?

Under Rule 116(b)(2), when the requesting party filed a Statement of Inability to Afford Payment of Court Costs, when the publication costs more than $200 a week (or a higher amount set by the Supreme Court), or when no newspaper is published, printed or generally circulated in the county. Website publication is still required.

What happens if the defendant served by publication does not answer?

The court must appoint an attorney to defend the suit for the defendant, and a statement of the evidence approved and signed by the judge must be filed (Rule 244). A defendant who did not appear may petition for a new trial for good cause within two years after the judgment was signed (Rule 329).

Can an eviction citation be served by publication?

Eviction citations follow Rule 510.8. If personal or substituted delivery fails, the judge may authorize delivery to the premises after two diligent attempts (Rule 510.8(e)). The calculator’s eviction mode shows the Rule 510.8 trial window and service deadlines.

For personally served defendants, use the answer deadline calculator. Before asking for publication, courts expect diligent attempts: see when a defendant avoids service and find a JBCC-certified process server by county.

Rules quoted from the Texas Rules of Civil Procedure (Texas Judicial Branch, current edition, downloaded October 9, 2026). Holiday data: Texas Comptroller, FY2026 and FY2027 state holiday schedules. Last reviewed October 11, 2026.