⚠️ EDUCATIONAL INFORMATION ONLY - NOT LEGAL ADVICE
This article provides general educational information about Texas litigation procedures and is not legal advice. Procedural rules, deadlines, and requirements are subject to change and involve complex legal analysis. This content is intended for general educational purposes and is not tailored to any individual business or legal dispute. Missing procedural deadlines can have serious consequences. Always consult with a qualified Texas attorney for guidance specific to your situation.
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Texas litigation involves specific procedural requirements, deadlines, and rules that govern how lawsuits proceed. Understanding basic litigation procedures helps businesses recognize important deadlines and requirements when involved in legal disputes.
Statutes of Limitation
Statutes of limitation establish time limits for filing lawsuits. Missing the statute of limitations deadline typically bars the claim entirely.
Common Business-Related Statutes of Limitation
| Type of Claim | Limitation Period | Legal Reference |
|---|---|---|
| Breach of Contract | 4 years | Texas Civil Practice & Remedies Code § 16.004 |
| Fraud | 4 years | Texas Civil Practice & Remedies Code § 16.004 |
| Debt/Accounts | 4 years | Texas Civil Practice & Remedies Code § 16.004 |
| Personal Injury | 2 years | Texas Civil Practice & Remedies Code § 16.003 |
| Property Damage | 2 years | Texas Civil Practice & Remedies Code § 16.003 |
| Negligence | 2 years | Texas Civil Practice & Remedies Code § 16.003 |
| Conversion | 2 years | Texas Civil Practice & Remedies Code § 16.003 |
| Defamation | 1 year | Texas Civil Practice & Remedies Code § 16.002 |
When Statute of Limitations Begins
The statute of limitations generally begins when the cause of action "accrues":
Breach of contract:
- Accrues when breach occurs
- For payment obligations, when payment becomes due
- Different contract provisions may accrue at different times
Fraud:
- Discovery rule may apply
- Can accrue when fraud discovered or should have been discovered
- Complex legal analysis often required
Personal injury/property damage:
- Generally when injury or damage occurs
- Discovery rule may apply in some circumstances
Tolling and Extending Statutes of Limitation
Certain circumstances can toll (pause) or extend statutes of limitation:
- Defendant's absence from Texas: May toll limitations for period of absence
- Minority: If plaintiff is minor, statute may not run until age of majority
- Fraudulent concealment: Defendant's concealment of claim may toll limitations
- Disability: Certain legal disabilities can affect limitations periods
Pleading Requirements
Texas follows "notice pleading" which requires pleadings to give fair notice of claims but does not require extensive detail.
Initial Pleadings
Plaintiff's Original Petition:
- First pleading filed by plaintiff
- Must provide fair notice of claims
- State facts showing court has jurisdiction
- Describe the claim with sufficient specificity
- State the relief sought
Defendant's Answer:
- Defendant's response to plaintiff's petition
- Must be filed by deadline (typically Monday following 20 days after service)
- Contains defenses and denials
- May include counterclaims against plaintiff
- Failure to timely answer can result in default judgment
Amended Pleadings
Texas rules generally allow liberal amendment of pleadings:
Amendments as of right:
- Can amend once without leave of court before defendant's answer filed
- Can amend to add claims within statute of limitations
Amendments by leave:
- After answer filed, must obtain court permission or opposing party consent
- Courts generally allow amendments unless unfair surprise or prejudice
Trial amendments:
- Can amend pleadings during trial to conform to evidence
- Liberal standard to allow amendments
Discovery Process
Discovery is the pre-trial process where parties obtain information from each other and third parties to prepare for trial.
Discovery Methods in Texas
Interrogatories:
- Written questions requiring written answers under oath
- Limited to 25 questions (including subparts)
- Must be answered within 30 days
- Useful for obtaining basic facts and identifying witnesses/documents
Requests for Production:
- Demands for documents and tangible things
- Must describe items with reasonable particularity
- Response due within 30 days
- Allows inspection and copying of documents
Requests for Admission:
- Statements for other party to admit or deny
- If not denied within 30 days, deemed admitted
- Admissions conclusively establish facts for trial
- Useful for narrowing disputed issues
Depositions:
- Oral testimony under oath before trial
- Recorded by court reporter
- Can depose parties, witnesses, and experts
- Transcript used at trial or for motions
- Most expensive discovery method
Physical and Mental Examinations:
- Available in cases where physical/mental condition at issue
- Requires court order
- Limited to cases where condition is in controversy
Discovery Levels and Limits
Texas has three discovery levels with different limitations:
Level 1 (Expedited):
- For cases seeking money damages ≤$100,000
- Limited discovery: 6 hours total deposition time
- Shorter discovery period
Level 2 (Default):
- Applies to most cases unless Level 1 or 3
- 50 hours per side for depositions
- Standard discovery period
Level 3 (Tailored):
- Court orders customized discovery plan
- For complex cases requiring more or less discovery
- Court sets specific limits and deadlines
Discovery Disputes
Parties can object to discovery requests:
Common objections:
- Overly broad or burdensome
- Not reasonably calculated to lead to admissible evidence
- Privileged (attorney-client, work product)
- Confidential or trade secret
Resolving disputes:
- Meet and confer requirement before filing motion
- Motion to compel if party refuses to provide discovery
- Court determines whether discovery must be provided
- Sanctions possible for discovery abuse
Important Procedural Deadlines
Common critical deadlines:
Answer deadline:
- Monday following 20 days after service of citation
- Failure to timely answer can result in default judgment
- Can request extension from opposing counsel or court
Special appearance (jurisdiction):
- Must be filed before answer
- Filing answer first waives jurisdiction objection
Motion to transfer venue:
- Must be filed with or before answer
- Filing late waives venue objection
Discovery responses:
- 30 days for interrogatories, requests for production, requests for admission
- Failure to respond can result in deemed admissions or sanctions
Summary judgment deadlines:
- Motion must be filed at least 21 days before hearing
- Response due 7 days before hearing
- Specific timing requirements must be met
Motion Practice
Parties can file motions asking court to take specific actions:
Common motions in business litigation:
- Motion to dismiss: Challenge legal sufficiency of claims
- Motion for summary judgment: Ask court to decide case without trial based on undisputed facts
- Motion to compel discovery: Force other party to provide discovery
- Motion for protective order: Limit or prevent discovery
- Motion in limine: Exclude evidence before trial
- Motion for continuance: Request delay of trial or hearing
⚠️ IMPORTANT DISCLAIMER
This article provides general educational information about Texas litigation procedures and is not legal advice. Procedural rules, deadlines, statutes of limitation, and requirements are established by the Texas Rules of Civil Procedure, Texas statutes, and court rules, all of which are subject to change. The information provided may not reflect current rules or be applicable to your specific situation.
Litigation procedures involve complex rules with strict deadlines that can have serious consequences if missed. Statutes of limitation bar claims if not timely filed. Procedural deadlines can result in waiver of rights, default judgments, or dismissal. Individual cases involve unique procedural considerations and timing requirements. Many businesses benefit from consulting with qualified Texas attorneys immediately when litigation arises or is contemplated to ensure compliance with all procedural requirements and protection of legal rights. Do not rely on this article for procedural decisions. Always consult with experienced litigation attorneys for guidance specific to your situation and verify all deadlines and requirements before taking or failing to take action.
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