Texas / Settlement & costs
Texas settlement offer acceptance deadline
In Texas, a settlement offer made under Rule 167 must be accepted in writing within 14 days after service, or it is rejected (Tex. R. Civ. P. 167.3).
Estimates based on standard Texas rules and court-holiday closures. For use by licensed attorneys only. This calculator is for informational purposes, is not legal advice, and does not create an attorney-client relationship. Verify every deadline and citation against the applicable rules and court orders before relying on it. See our Terms.
How the deadline works
The Rule 167 / Chapter 42 procedure is available only after a defendant invokes it by filing a declaration. Once an offer is served, the recipient has 14 days to accept in writing; the offer must itself be made no later than 45 days before trial.
Rejecting carries a cost. If the judgment turns out significantly less favorable than the rejected offer (under the statutory 80%/120% test), the rejecting party must pay the offeror’s "litigation costs" incurred after the rejection, a capped category that is narrower than all fees. Service by mail adds 3 days under Rule 21a(c).
- The defendant has to open the door Rule 167 applies only after a defendant files a declaration invoking the Chapter 42 procedure. Without it there is no cost-shifting offer to accept.
- Litigation costs, capped Chapter 42 shifts a defined "litigation costs" category subject to a statutory cap, not every fee the offeror incurred.
Questions
- How long do I have to accept a settlement offer in Texas?
- 14 days after service under Tex. R. Civ. P. 167.3, plus 3 days if served by mail. After that the offer is rejected and Chapter 42 cost-shifting can apply.