The 60-Day TCPA Deadline in Texas: What Happens After You Are Served With a Lawsuit?

Being served with a lawsuit can be overwhelming, especially when the allegations involve something you said, wrote, published, or communicated.

If the lawsuit concerns protected speech, petitioning activity, or association, the Texas Citizens Participation Act (TCPA) may provide an opportunity to seek dismissal before the case proceeds through lengthy litigation.

But there is a critical limitation: a TCPA motion generally must be filed within 60 days after service of the legal action.

Understanding when that deadline begins, how it is calculated, and what happens if you miss it can significantly affect your defense.

When Does the 60-Day TCPA Deadline Begin?

Under Section 27.003(b) of the Texas Civil Practice and Remedies Code, a motion to dismiss under the TCPA generally must be filed no later than the 60th day after service of the legal action.

The statute defines a "legal action" broadly. It can include a lawsuit, petition, complaint, counterclaim, cross-claim, or other qualifying judicial pleading or filing requesting legal, declaratory, or equitable relief.

This distinction matters because the triggering document is not necessarily the document a defendant expects.

For example, a lawsuit might include an application for emergency injunctive relief, such as a temporary restraining order.

Depending on the filing and service circumstances, an earlier request for relief could become important when determining the deadline for a TCPA motion.

An attorney should review the actual documents and service history rather than assuming the deadline begins with the most recently received pleading.

Does Filing an Answer Extend the TCPA Deadline?

No. Filing an answer to the lawsuit does not automatically extend the TCPA filing deadline.

In many ordinary Texas district and county court civil cases, a defendant's original answer is due by 10:00 a.m. on the Monday following the expiration of 20 days after service.

The deadline for a TCPA motion is a separate procedural requirement.

A defendant who focuses exclusively on filing an answer may lose valuable time that could have been used to evaluate an early-dismissal strategy.

For this reason, potential TCPA issues should be reviewed as soon as the lawsuit is received.

Can the 60-Day TCPA Deadline Be Extended?

Texas law permits certain extensions.

Under Section 27.003(b), the parties may mutually agree to extend the filing deadline. A court may also extend the deadline upon a showing of good cause.

However, defendants should not assume an extension will be available or granted.

The safer approach is to identify the applicable deadline early and prepare the motion within the statutory period whenever possible.

What Happens After a TCPA Motion Is Filed?

Filing a TCPA motion begins a special procedural process designed to resolve qualifying claims early.

Several important deadlines apply.

1. The Hearing Deadline

A hearing generally must be set within 60 days after the motion is served.

In certain circumstances, the hearing may occur later, but generally no later than 90 days after service. If the court permits specified and limited discovery under Section 27.006(b), the hearing deadline may extend to 120 days.

2. Notice and Response Deadlines

The moving party generally must provide written notice of the hearing at least 21 days beforehand, unless a permitted agreement or court order provides otherwise.

The opposing party generally must file its response at least seven days before the hearing, subject to the applicable statutory exceptions.

3. The Court's Ruling Deadline

Under Section 27.005(a), the court must rule within 30 days after the hearing concludes.

If the court does not rule within that period, the motion is denied by operation of law.

That denial may be appealed.

Does Filing a TCPA Motion Stop Discovery?

Generally, yes.

Section 27.003(c) provides that filing a TCPA motion suspends discovery in the legal action until the court rules.

This feature can be particularly important because discovery often involves substantial time, expense, and document production.

However, discovery is not prohibited in every circumstance.

Under Section 27.006(b), a court may allow specified and limited discovery relevant to the motion upon a showing of good cause.

The discovery stay is therefore an important protection, but it is not absolute.

What Happens If You Miss the TCPA Deadline?

Missing the filing deadline can prevent a defendant from obtaining the benefits of a TCPA motion unless an extension is available.

Potential consequences include losing access to the TCPA's early-dismissal procedure, its statutory discovery suspension, and its attorney-fee provisions.

Nevertheless, missing the TCPA deadline does not necessarily eliminate every defense.

Depending on the claims and procedural posture, other options may include:

• A Rule 91a motion to dismiss, if its separate requirements and deadline are satisfied.
• A traditional or no-evidence motion for summary judgment, when procedurally appropriate.
• Defenses raised through the pleadings and subsequent litigation.
• Other applicable procedural challenges.

The correct approach depends on the specific allegations, service dates, and available defenses.

Can You File a TCPA Motion and Rule 91a Motion Together?

Yes. In appropriate cases, both motions may be filed.

A TCPA motion focuses on qualifying claims involving protected activity.

A Rule 91a motion addresses causes of action that have no basis in law or fact.

Rule 91a also generally requires filing within 60 days after service of the first pleading containing the challenged cause of action.

However, the two motions have different standards, evidentiary rules, and procedural requirements. Filing both does not guarantee dismissal, and the strategy should be tailored to the case.

Contact McMillan & Black Before Your TCPA Deadline Expires

If you have been served with a Texas lawsuit involving statements, publications, or protected communications, immediate legal review is important.

McMillan & Black, PLLC helps clients evaluate Texas litigation involving TCPA motions, Rule 91a motions, and other early-dismissal strategies.

Our attorneys can review the service history, examine the legal claims, and assess whether a TCPA motion may be appropriate.

Contact McMillan & Black, PLLC promptly if you have been served with a lawsuit that may involve protected speech or petitioning activity.

Frequently Asked Questions

Is the TCPA deadline 60 days from the date the lawsuit was filed?

Not necessarily. The statutory deadline generally runs from service of the legal action, rather than simply the date it was filed.

Can a Texas judge extend the TCPA deadline?

Yes. The statute permits an extension upon a showing of good cause, and the parties may also agree to an extension.

Does filing a TCPA motion automatically dismiss the lawsuit?

No. The court must evaluate the motion under the statute's requirements.

Can I appeal a denied TCPA motion?

Generally, yes. Texas law provides an interlocutory appeal mechanism for qualifying denials, including a denial by operation of law.