Texas Supreme Court Response Time to Petition for Review

Beneath you will find our 2020 Texas Pretrial Deadlines Chart, free for you to use. As always, do your own due diligence and experience complimentary to reach out to us with any comments.

An attorney'south involvement in litigation more often than not begins with triggers such equally the filing of a petition or answer, entering an appearance, or the court ordering engagement. Regardless of when your involvement in a example begins, be enlightened that there are deadlines you lot must be accountable for in every unmarried case. In order to meet your professional and ethical obligations, y'all must know the deadlines, keep track of those deadlines, and run into those deadlines (or maintain some legally sufficient alibi).

This information is provided solely as a guide. E'er consult your jurisdiction'south relevant rules to verify borderline calculations.

Pleadings Deadlines

Service of Petition	Review and analyze the statute of limitations based on the applicable issue and police force.
Reply to Petition	For cases pending in county and district court: Generally, on or before 10:00 a.m. on the Monday afterward expiration of 20 days afterwards service.1 Tex. R. Civ. P. 99(b).
Motion to Dismiss Baseless Causes of Action	A motion to dismiss must exist: (a) filed within 60 days after the first pleading containing the challenged cause of action is served on the movant; (b) filed at least 21 days before the motion is heard; and (c) granted or denied within 45 days after the motion is filed.ii Tex. R. Civ. P. 91a.ii.
Response to Motion to Dismiss Baseless Causes of Action	Any response to a 91a motion must exist filed no later on than 7 days before the date of the hearing.3 Tex. R. Civ. P. 91a.three.
Answer to Counterclaim	A full general deprival of matters pleaded by the adverse political party which are not required to be denied under oath shall be sufficient to put the same in issue… When a counterclaim or cross-claim is served upon a party who has made an appearance in the activeness, the party so served, in the absenteeism of a responsive pleading, shall be deemed to have pleaded a general denial of the counterclaim or cantankerous-merits, but the political party shall not exist deemed to take waived any special appearance or motility to transfer venue. In all other respects the rules prescribed for pleadings of defensive matter are applicative to answers to counterclaims and cross-claims.iv Tex. R. Civ. P. 92.
Movement to Transfer For Improper Venue	An objection to improper venue is waived if not made by written motion filed prior to or meantime with whatsoever other plea, pleading or movement except a special advent.v Tex. R. Civ. P. 86.i. Except on leave of court each party is entitled to at least 45 days' detect of a hearing on the motion to transfer.6 Tex. R. Civ. P. 87.1.
Removal to Federal Court	The notice of removal of a civil action or proceeding shall be filed within 30 days afterwards the receipt by the accused, through service or otherwise, of a copy of the initial pleading setting forth the claim for relief upon which such action or proceeding is based, or within 30 days after the service of summons upon the defendant if such initial pleading has and then been filed in courtroom and is not required to be served on the accused, whichever period is shorter.7 28 UsaC. § 1446.
Amendment of Pleadings	Parties may amend their pleadings at any time so every bit not to constitute surprise provided they are offered for filing at least 7 days prior to trial or upon go out of courtroom.8 Tex. R. Civ. P. 63.

Discovery and Summary Judgment

Service of Requests for Disclosure	Requests for disclosure may be served any fourth dimension after adapt is filed, but no later than 30 days before the end of the discovery catamenia.nine Tex. R. Civ. P. 194.ane.
Responses to Requests for Disclosure	A political party must respond within 30 days from service of the asking, unless the defendant is served before its answer is due, in which effect, accused has l days after service to respond.10 Tex. R. Civ. P. 194.3(a).
Service of Requests for Access	No later than 30 days before the stop of the discovery catamenia.11 Tex. R. Civ. P. 198.1.
Objections and Answers to Requests for Admissions	The responding party must serve a written response within 30 days from service, unless they are served before their answer is due, in which event the defendant has l days later on service to respond.12 Tex. R. Civ. P. 198.2.
Service of Interrogatories	No later than 30 days earlier the terminate of the discovery flow.13 Tex. R. Civ. P. 197.1.
Objections and Reponses to Interrogatories	The responding political party must serve a written response on the requesting party within xxx days after service of the interrogatories, unless they are served before their answer is due, in which event the accused has fifty days later on service to respond.14 Tex. R. Civ. P. 197.2.
Service of Requests for Product	No afterward than thirty days before the cease of the discovery catamenia.15 Tex. R. Civ. P. 196.1.
Objections and Responses to Requests for Product	The responding political party must serve a written response on the requesting party within 30 days from service, unless they are served before their answer is due, in which event the accused has l days afterwards service to respond.16 Tex. R. Civ. P. 196.two.
Move for Protective Order	A person from whom discovery is sought, and any other person affected by the discovery asking, may motility within the time permitted for response to the discovery request for an order protecting that person from the discovery sought.17 Tex. R. Civ. P. 192.6.
Amending or Supplementing Responses to Written Discovery	It is presumed that an amended or supplemental response made less than 30 days before trial was not made reasonably promptly.xviii Tex. R. Civ. P. 193.5(b).
Subpoena to Nonparty	A party causing a subpoena to issue must take reasonable steps to avoid imposing undue brunt or expense on the person served.19 Tex. R. Civ. P. 176.7.
Expert Designations, Reports, & Depositions	Testifying Experts The political party seeking affirmative relief must place testifying experts by the later of 30 days afterward service of a request for disclosures under 194.ii (f) or ninety days before the end of the discovery period.20 Tex. R. Civ. P. 195.ii(a). Other testifying experts must be designated within 30 days afterward service of the asking for disclosures or 60 days before the end of the discovery menstruum, whichever is later.21 Tex. R. Civ. P. 195.2(b). If no expert report is furnished with the designation, the party proffering the good must brand him available for deposition reasonably promptly after the designation.22 Tex. R. Civ. P. 195.3(a)(1). If the affirmative expert deposition cannot be concluded more 15 days before the deadline for designating other experts, the deadline to designate other experts must be extended on that same subject.23 Tex. R. Civ. P. 195.3(a)(1). If a study is furnished, and then the political party proffering the practiced need not brand him available for deposition until reasonably promptly afterwards all other experts have been designated.24 Tex. R. Civ. P. 195.3(a)(2). A party may move the Court to require an practiced to reduce their opinions to tangible form.25 Tex. R. Civ. P. 195.v. Purely Consulting Experts A political party may obtain the identity, mental impressions, and opinions of a consulting skillful whose mental impressions and opinions have been reviewed past a testifying expert. Pure consulting experts are not discoverable.26 Tex. R. Civ. P. 192.iii(due east).
Signature and Changes to Degradation Transcript	If the witness does not render the transcript to the deposition officer within 20 days of the date the transcript was provided to the witness or the witness's chaser, the witness may be deemed to have waived the right to make changes.27 Tex. R. Civ. P. 203.ane(b).
Amended and Supplemental  Discovery Responses	Improve and supplement discovery reasonably promptly and no later than 30 days before trial to avoid an adverse presumption that the supplement is untimely.28 Tex. R. Civ. P. 193.v(b).
End of Discovery Flow	Level one: All discovery must be conducted during the discovery period, which begins when the suit is filed and continues until 180 days afterwards the date the beginning request for discovery of any kind is served on a party.29 Tex. R. Civ. P. 190.2(b)(1). Level 2: All discovery must be conducted during the discovery menstruation, which begins when accommodate is filed and continues until 30 days before the appointment set for trial in family cases, or in other cases the earlier of 30 days before the date set for trial or ix months afterwards the earlier of the engagement of the get-go oral deposition or the due date of the first response to written discovery.30 Tex. R. Civ. P. 190.3(b)(1). Level 3: All discovery is conducted past the Discovery Command Plan ordered by the courtroom.31 Tex. R. Civ. P. 190.iv(b).
REQUEST AND FEE FOR JURY TRIAL		Written request must be filed with the clerk of courtroom and jury fee paid no less than 30 days before trial.32 Tex. R. Civ. P. 216.
DEFAULT JUDGMENT, SUMMARY JUDGMENT
Default Judgment	No default may be granted until the return or proof of service has been on file with the Clerk for 10 days, exclusive of the day of filing and the twenty-four hours of judgment.33 Tex. R. Civ. P. 107(h).
Summary Judgment	Summary judgment motion may be made whatsoever time after defendant has answered. Except on leave of court, with find to opposing counsel, the move and any supporting affidavits shall be filed and served at least 21 days before the time specified for hearing.34 Tex. R. Civ. P. 166a(c). The nonmovant must file and serve written response and opposing affidavits 7 days prior to the hearing.35 Tex. R. Civ. P. 166a(c). A No-Prove motion may be made after an adequate fourth dimension for discovery has passed.36 Tex. R. Civ. P. 166a(i).

Request for Findings of Fact, Motion for New Trial

Asking for Findings of Fact and Conclusions of Police force

Asking for Findings of Fact and Conclusions of Police force must be filed inside xx days after the judgment is signed.37 Tex. R. Civ. P. 296. The court shall file its findings of fact and conclusions of constabulary within 20 days after a timely request is filed.38 Tex. R. Civ. P. 297. If the court fails to file timely findings of fact and conclusions of law, the party making the request shall file a "Observe of Past Due Findings of Fact and Conclusions of Law" within thirty days after filing the original request.39 Tex. R. Civ. P. 297.

Motility for New Trial

Must be filed prior to or within thirty days after the judgment or order is signed.40 Tex. R. Civ. P. 329b(a).

Offer of Settlement, Award of Litigation Costs

Declaration of Settlement Offering

At least lx days after the later appearance of the offeror or offeree and 45 days earlier the instance is prepare for trial, a accused must file a declaration that information technology is invoking Rule 167 and Chapter 42 of the Tex. Civ. Prac. Rem. Code by making a written settlement offering pursuant to the requirements of 167.ii(b). Successive offers may be made up to 14 days before trial.41 Tex. R. Civ. P. 167.2.

Appeals

Perfecting Appeal	The observe of entreatment must be filed within 30 days after the judgment is signed, except as follows:42 Tex. R. App. P. 26.one. (a) The find of entreatment must exist filed within xc days later the judgment is signed if any party timely files: (ane) a motion for new trial; (2) a motion to modify the judgment; (iii) a motion to reinstate under Texas Rule of Ceremonious Procedure 165a; or (4) a request for findings of fact and conclusions of police force if findings and conclusions either are required by the Rules of Civil Procedure or, if not required, could properly be considered by the appellate court;43 Tex. R. App. P. 26.1(a). (b) In an accelerated appeal, the notice of appeal must be filed within 20 days after the judgment or order is signed.44 Tex. R. App. P. 26.one(b).
Request for Appellate Record (Reporter'south Tape and Clerk's Record)	At or before the fourth dimension for perfecting the appeal, the appellant must request in writing that the official reporter gear up the Reporter's Record. The request must designate the exhibits to be included.45 Tex. R. App. P. 34.6. Appellant should request in writing preparation of the mandatory items to be included in Clerk's Record at the aforementioned time, and may asking boosted items at whatsoever time before the Clerk's Record is prepared.46 Tex. R. App. P. 34.5. The appellate record must be filed in the appellate court within threescore days later the judgment is signed, except every bit follows: (a) if Rule 26.1(a) applies, inside 120 days after the judgment is signed; (b) if Dominion 26.ane(b) applies, within 10 days later the observe of entreatment is filed; or (c) if Rule 26.ane(c) applies, within 30 days afterwards the detect of appeal is filed.[mfnTex. R. App. P. 35.i.[/mfn] The trial and appellate courts are jointly responsible for ensuring that the appellate record is timely filed.47 Tex. R. App. P. 35.3.
Appellant's Brief	An appellant must file a cursory inside xxx days (xx days in an accelerated appeal) afterward the later of: (one) the engagement the clerk's record was filed; or (2) the date the reporter's record was filed.48 Tex. R. App. P. 38.6(a).
Appellee's Brief	The appellee's brief must be filed within thirty days (20 days in an accelerated appeal) after the appointment the appellant'due south brief was filed. In a civil example, if the appellant has not filed a brief every bit provided in this rule, an appellee may file a brief inside thirty days (20 days in an accelerated appeal) after the date the appellant'due south brief was due.49 Tex. R. App. P. 38.6(b).
Reply Brief	A respond brief, if any, must be filed within xx days after the appointment the appellee'south brief was filed.50 Tex. R. App. P. 38.6(c).
Motion for Rehearing (in Courtroom of Appeals)	A motion for rehearing may be filed within xv days later the court of appeals' judgment or society is rendered.51 Tex. R. App. P. 49.1.
Response to Motion for Rehearing	No response to a motion for rehearing need be filed unless the court so requests. A motion will not be granted unless a response has been filed or requested past the court.52 Tex. R. App. P. 49.ii.
PROCEEDINGS IN THE SUPREME COURT
Petition for Review	The Petition for Review must exist filed within 45 days later on the judgment of the courtroom of appeals or the last ruling on all timely filed motions for rehearing.53 Tex. R. App. P. 53.seven(a).
Response to Petition for Review	Whatever response must exist filed with the Supreme Court clerk within 30 days subsequently the petition is filed.54 Tex. R. App. P. 53.7(d).
Reply to Response to Petition for Review	Any respond must be filed with the Supreme Court clerk within 15 days later on the response is filed.55 Tex. R. App. P. 53.vii(due east).
Move for Rehearing (in Supreme Courtroom)	A motion for rehearing may exist filed with the Supreme Court clerk within xv days from the date when the Court renders judgment or makes an social club disposing of a petition for review. In infrequent cases, if justice requires, the Court may shorten the time within which the motion may be filed or even deny the right to file it birthday.56 Tex. R. App. P. 64.one.
Response to Motion for Rehearing	No response to a move for rehearing demand be filed unless the Courtroom so requests. A motion will not exist granted unless a response has been filed or requested by the Court. Merely in exceptional cases, if justice so requires, the Courtroom may deny the right to file a response and act on a motility any fourth dimension after information technology is filed.57 Tex. R. App. P. 64.three.

Texas Pretrial Deadlines Chart

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