A clock indicates that a court deadline looms

Texas Expert Designation Deadline Chart

Texas Expert Designation Deadlines – Quick Reference

Texas Rule of Civil Procedure 195.2 requires plaintiffs to designate testifying experts at least 90 days before the end of discovery and defendants at least 60 days before. Parties must supplement promptly and no later than 30 days before trial under TRCP 193.5. Late designations risk exclusion of the expert unless good cause or lack of prejudice is shown under TRCP 193.6. This chart explains the deadlines, disclosure requirements, and consequences of missing them.

Texas Expert Designation Deadlines under Rule 195.2

PartyDefault DeadlineRule Reference
Party with the burden of proofAt least 90 days before the end of the discovery periodTRCP 195.2(a)
Opposing party (rebuttal experts)At least 60 days before the end of the discovery periodTRCP 195.2(b)

Always confirm with your scheduling order or local rules. These are default timeframes under TRCP 195.2.

How to Read This Chart

The 90-day and 60-day timeframes are calculated backward from the end of the discovery period, not from the trial date itself. Under Rule 190, the discovery period typically ends 30 days before trial in Level 2 cases and 14 days before trial in Level 3 cases, unless modified by order.

For example:

  • If discovery closes on June 30, expert designations for the party with the burden are due by April 1 (90 days before).
  • The opposing party’s designations would be due by May 1 (60 days before).

Because trial settings and discovery schedules vary, always verify the exact discovery-period end date before counting backward.

Practice Notes for Texas Lawyers

If the Case Is Reset
Expert designation deadlines generally remain tied to the first trial setting unless the court enters a new scheduling order. Resetting the trial date alone does not automatically extend expert deadlines.

Expert Supplementation Deadlines
Rule 193.5 requires prompt supplementation when a party learns that an earlier response was incomplete or incorrect. Supplementation must occur no later than 30 days before trial unless the court orders otherwise.

Consequences of Missing a Deadline
Under Rule 193.6, a party that fails to timely designate an expert may be barred from offering that testimony at trial unless it can show good cause or lack of unfair surprise.

Court Orders Override Defaults
Many Texas courts issue docket control orders that set specific expert deadlines independent of Rule 195.2. When in doubt, follow the court’s written order even if it differs from the default timeframes.

Related Texas Rules and References

  • Rule 195.2 — Deadlines for testifying expert designations
  • Rule 193.5 — Duty to supplement discovery responses
  • Rule 193.6 — Exclusion of untimely evidence
  • Rule 190 — Discovery-control plan levels

Each rule interacts with the others. The result is a procedural structure that rewards early preparation and consistent verification.

Common Issues and Mistakes

Assuming the Trial Date Controls.
The expert designation deadline is linked to the discovery period, not the trial setting, unless a specific order states otherwise.

Overlooking Level 3 Modifications.
In Level 3 cases, the discovery period is custom-set by the court. A modified schedule can shorten or lengthen the time available for designations.

Failing to Confirm with Local Rules.
Some counties issue uniform scheduling orders that adjust Rule 195.2 deadlines. For instance, courts in Harris, Dallas, and Travis Counties often publish standing orders that take precedence.

Late Disclosure of Rebuttal Experts.
Rebuttal experts must be designated 60 days before discovery ends even if they are responding to an opponent’s expert disclosed at the 90-day mark.

Integrating Expert Deadlines into Case Management

Firms can minimize risk by integrating expert-designation tracking into their case-management systems:

  • Enter deadlines immediately after receiving a scheduling order.
  • Create shared rule references for TRCP 195.2 and 193.6.
  • Review all discovery control plans when trial dates move.
  • Require a secondary review of deadline calculations.

This process mirrors the principle discussed in Measure Twice, Cut Once: tools can calculate dates, but independent verification ensures precision.

Frequently Asked Questions

What is the expert designation deadline in Texas?
Under Rule 195.2, the party with the burden of proof must designate experts at least 90 days before the end of the discovery period; the opposing party has 60 days.

Does a scheduling order override Rule 195.2 deadlines?
Yes. A scheduling or docket control order controls if it sets specific expert deadlines.

What happens if a party misses the expert designation deadline?
The expert’s testimony may be excluded under Rule 193.6 unless the party shows good cause or lack of unfair surprise.

Do expert deadlines change when a case is continued?
Not automatically. Deadlines usually remain based on the first trial setting unless the court issues a new order.

Contents of Expert Designation (TRCP 194.2(f))

  • Expert’s name, address, and phone number.
  • Subject matter of testimony.
  • General substance of mental impressions/opinions.
  • Brief summary of basis for opinions.
  • Documents, reports, and data considered by the expert.

Duty to Supplement (TRCP 193.5)

TriggerDeadlineRuleNotes
Information changes or was incomplete“Reasonably promptly”TRCP 193.5(a)Must supplement as soon as practicable.
Expert discoveryNo later than 30 days before trialTRCP 193.5(b)Absolute deadline for supplementing expert designations.

Consequences of Late Designation (TRCP 193.6)

  • Undesignated experts cannot testify unless the court finds:
    1. Good cause for failure, or
    2. No unfair surprise or prejudice to the other party.
  • Burden is on the party seeking to use the late-designated expert.

Deadline Data Bites:

  • Plaintiff = 90 days, Defendant = 60 days before discovery closes, subject to your court’s scheduling order or local rules.
  • Always include full Rule 194 disclosures in the designation.
  • Must supplement promptly and in all cases, ≥30 days before trial.
  • Late designation = exclusion, unless you prove good cause or lack of prejudice.

Texas Summary Judgment Deadline Chart

Texas Summary Judgment Response Deadlines – TRCP 166a

Under Texas Rule of Civil Procedure 166a, parties must file their summary judgment response and any opposing evidence no later than 7 days before the hearing. Both traditional and no-evidence summary judgment motions require 21 days’ notice, and the 7-day response deadline is strict unless the court grants leave. Learn the key deadlines, traps, and rules for summary judgment practice in Texas state courts.

Traditional Summary Judgment (TRCP 166a(c))

Filing/ActionDeadlineRuleNotes
Response and opposing evidenceNo later than 7 days before the hearingTRCP 166a(c)Deadline is absolute unless leave of court is obtained.
Hearing noticeMust be served at least 21 days before hearingTRCP 166a(c)Hearing can’t be set earlier than 21 days from service of motion.

No-Evidence Summary Judgment (TRCP 166a(i))

Filing/ActionDeadlineRuleNotes
Response and evidence showing fact issueNo later than 7 days before the hearingTRCP 166a(i)Same 7-day deadline as traditional MSJ responses.
Hearing noticeMust be served at least 21 days before hearingTRCP 166a(i)Court may shorten notice with leave.

Key Points & Traps

  • The 7-day response deadline is strict — late evidence can be excluded unless the court grants leave.
  • The 21-day notice requirement applies to both traditional and no-evidence MSJs.
  • Always file early; don’t rely on the court to grant leave if you blow the deadline.
  • If the 7th day falls on a weekend/holiday, apply TRCP 4 and move to the next business day.

Court Deadline Calculator – Calculate Filing and Response Dates

Deadline Calculator

Deadline Calculator

Tip: enter a positive number for Add, or switch to Subtract to go backwards.

Disclaimer
Always double-check deadlines with your own calendar. While this filing calculator can be a useful tool, you must perform your own independent calculation. The legal deadline calculator is offered “as is.” Court Deadlines does not account for the unique scheduling requirements of your case, and technology is not always perfect. You should always review the applicable rules in your jurisdiction. If you have questions about a specific deadline, consult the clerk or court coordinator assigned to your case.

How to Calculate Deadlines in Federal Court

To calculate deadlines in federal court, follow these general steps:

  1. Identify the trigger date. This is the date of service, the filing of a motion, or another event that starts the clock.
  2. Count the required number of days. Move forward (e.g., deadline to file an answer) or backward (e.g., deadline to file opposition papers) from the trigger date.
  3. Adjust for weekends and holidays. If the deadline falls on a Saturday, Sunday, or legal holiday, move to the next business day.

Rule 6 – Federal Rules of Civil Procedure

Rule 6 provides the framework for calculating deadlines in federal court:

  • Time periods stated in “days” are calendar days. Count all days, including intermediate Saturdays, Sundays, and legal holidays.
  • The trigger date is excluded. For example, if service occurs today, today is “day zero,” tomorrow is “day one,” and so forth.
  • If the due date falls on a weekend or legal holiday:
    • When counting forward, keep moving forward until the next business day.
    • When counting backward, keep moving backward until you reach a business day.
  • Electronic filings are due by 11:59 p.m. on the due date. Paper filings must be filed before the clerk’s office closes.
  • Local rules may add or modify recognized holidays. Always check the rules of the district where your case is pending.
  • Certain methods of service (e.g., by mail, leaving with the clerk) may entitle the responding party to additional time under the rules.

Texas Answer Deadline Calculator

This Texas Answer Deadline Calculator applies only to lawsuits in county and district courts in the State of Texas.  

How long do I have to answer a civil lawsuit in Texas?

In cases in district or county court, a defendant must file a written answer by 10:00 a.m. on the first Monday after the expiration of 20 days following the service of citation on the defendant. Tex. R. Civ. P. 99(b).

To determine the deadline, enter or use the calendar icon to select the day the defendant was served and click “Calcuate Answer Deadline.” You must file your answer on or before this date by 10:00 a.m. at the latest.

Texas Answer Deadline Calculator

Texas Answer Deadline Calculator

Note: This calculator applies only to Texas District and County Courts. It calculates deadlines for filing an answer under Texas Rule of Civil Procedure 99(b), which requires that a defendant’s answer be filed by 10:00 a.m. on the first Monday after the expiration of 20 days of service of citation.

Information provided by this deadline calculator is offered “as is” and for informational purposes only. This website does not provide legal advice. Exercise your own due diligence and verify your deadlines using your own calendar or software tools. By using this site you agree to do your own independent date calculation for your case and hold courtdeadlines.com/ harmless for any issues arising from a missed deadline.

As noted above, Rule 99(b) establishes the time to file an answer:

“The citation shall include a notice that the defendant is required to file a written answer to the plaintiff’s petition on or before 10:00 a.m. on the Monday next after the expiration of twenty days after the date of service.”

In practical terms, that means you count twenty days forward from the date of service, then move to the next Monday. The answer must be filed by 10:00 a.m. on that Monday.

Texas Rule of Civil Procedure 99(b) says the citation accompanying a plaintiff’s Petition shall direct the defendant to answer on or before 10:00 a.m. on the first Monday after the expiration of 20 days after the date of service.

If a defendant is served by publication and citation was issued from a district or county court, a defendant’s answer is due by 10:00 a.m. on the first Monday after the expiration of 42 days after the issuance of citation. Tex. R. Civ. P. 114.

Counting the Twenty Days Correctly

Here’s how to count time under the rule:

  1. Exclude the date of service.
  2. Count twenty calendar days, including weekends and holidays.
  3. Move to the next Monday after the twentieth day.
  4. The answer is due by 10:00 a.m. on that Monday.

If the Monday falls on a legal holiday when the clerk’s office is closed, the answer is timely if filed on the next day the clerk’s office is open.

When the answer date falls on a state holiday and the state courts are closed, the answer is due the following business day.

Always verify the current Texas rules, as well as possible rules advisories, when using this answer date table.

Rule 99(b) in Context

Once the answer deadline passes, the plaintiff may seek a default judgment if no answer has been filed. Rule 239 allows a default if “no answer has been filed within the time provided by law.”

However, if the defendant files an answer before the default judgment is signed, the default is avoided. The defendant’s appearance through any written response, even if defective in form, is usually enough to prevent a default.

The test for whether a default judgment can later be set aside requires showing the failure to answer was not intentional or due to conscious indifference, that a meritorious defense exists, and that setting aside the default will not cause delay or injury to the plaintiff.

Common Miscalculations

Even experienced lawyers occasionally miscount. The most frequent mistakes include:

  • Forgetting to roll forward when the twentieth day is itself a Monday.
  • Using business days instead of calendar days.
  • Starting the count on the service date rather than the following day.
  • Confusing service of citation (which starts the Rule 99 clock) with later service under Rule 21a, which governs filings within a pending case.

Verified Denials and Affirmative Defenses

Filing an answer is also the point at which a defendant must raise specific defenses and denials that cannot be raised later.

Under Rule 93, certain matters must be denied under oath, including capacity, partnership, agency, corporate existence, and the execution of instruments.

Under Rule 94, affirmative defenses such as limitations, estoppel, payment, release, and waiver must be expressly pleaded.

Although a general denial suffices for most cases, lawyers often file a combined answer that includes both a general denial and standard affirmative defenses to preserve their rights.

Special Scenarios

Justice Court (Small Claims) Cases

Justice court cases follow different rules. Under Rule 502.5(d) of the Texas Rules of Civil Procedure, a defendant must file an answer by the end of the 14th day after being served, not under the Monday rule.

This calculator applies only to county and district courts, not to justice court deadlines.

Counterclaims

If a counterclaim is filed against a party who has already appeared, Rule 92 provides that a general denial is presumed. No separate answer to the counterclaim is required unless the party must file a verified denial or wishes to assert affirmative defenses.

Federal Cases

In federal court, Rule 12(a)(1)(A)(i) of the Federal Rules of Civil Procedure requires an answer within 21 days after service. There is no Monday rule or 10:00 a.m. deadline.

Texas practitioners who also handle federal matters should double-check the governing rule before applying a state calculation.

What Happens if You Miss the Answer Deadline

If the defendant fails to file an answer by the deadline, the plaintiff may seek a default judgment. The process generally follows these steps:

  1. Plaintiff proves service and the absence of an answer.
  2. The court may enter judgment for liquidated damages without a hearing.
  3. For unliquidated claims, the court requires proof of damages.

Once a default judgment is signed, the defendant must move quickly to set it aside or appeal.

The safest practice is to file a general denial well before the deadline and avoid relying on last-minute filings.

Service Methods and Deadlines

Rule 99(b) deadlines run from the date of citation service, not later filings or correspondence. However, service methods still matter because they determine when service is considered complete.

Under Rule 21a, service by mail is complete when the document is deposited in the mail, not when received. That rule applies to filings within the case, but not to the original citation. The 20-day count under Rule 99(b) always begins with actual service of citation, whether personal, certified mail, or substituted service.

How to Avoid Default Judgments

The simplest way to prevent default is to:

  • Calendar deadlines immediately upon receipt of citation.
  • File an answer early, even if jurisdictional challenges are anticipated.
  • File a verified denial and affirmative defenses if applicable.
  • Confirm that your filing was accepted by the clerk.

Early filing also signals professionalism and prevents clerical errors from becoming costly mistakes.

Comparison Chart: Texas vs. Federal Answer Rules

JurisdictionGoverning RuleTime to AnswerTime of Day
Texas (District/County)TRCP 99(b) Next Monday after the expiration of 20 days10:00 a.m.
Texas (Justice Court)TRCP 502.5(d)14 daysEnd of day
Federal CourtFRCP 12(a)21 daysMidnight (local)

Texas Appellate Deadlines

Texas Appellate Deadlines – Key Dates to Remember

When handling an appeal in Texas, missing a deadline can be fatal. Below is a quick reference to the most important deadlines under the Texas Rules of Civil Procedure (TRCP) and Texas Rules of Appellate Procedure (TRAP).

Findings of Fact & Conclusions of Law

  • Request: File within 20 days after judgment is signed. (TRCP 296)
  • Court’s duty: Court must send findings/conclusions within 20 days after a timely request. (TRCP 297)
  • Notice of Past Due Findings: File within 30 days of your original request if the court misses its deadline; this extends the court’s deadline to 40 days after the request. (TRCP 297)
  • Additional/amended findings: Request within 10 days after the court sends its original findings. (TRCP 298)
  • Interlocutory/accelerated orders: The court is not required to issue findings, but may do so within 30 days after the order. (TRAP 28.1(c))

Post-Judgment Motions (TRCP 329b)

  • Motion for new trial / motion to modify: File within 30 days after judgment is signed.
  • Overruled by operation of law: On the 75th day if no order has been signed.
  • Plenary power: Expires 30 days after all timely post-judgment motions are overruled, by order or operation of law.

Notice of Appeal (TRAP 26.1, 26.3)

  • Standard appeal: 30 days after judgment is signed.
  • Extended to 90 days if any party timely files:
    • motion for new trial,
    • motion to modify,
    • motion to reinstate (TRCP 165a), or
    • request for findings of fact and conclusions of law.
  • Accelerated appeals: 20 days after order/judgment. Extensions are available under TRAP 26.3 (15-day grace window).
  • Restricted appeals: 6 months after judgment/order.
  • “Me-too” notices: Any other party has 14 days after the first timely notice, or the regular deadline—whichever is later.

Docketing Statement (TRAP 32.1)

  • Timing: File the OCA-approved docketing statement promptly upon filing the notice of appeal.

Briefing (TRAP 38.6)

  • Appellant’s brief:
    • 30 days after the later of the clerk’s record or reporter’s record.
    • 20 days in accelerated appeals.
  • Appellee’s brief:
    • 30 days after appellant’s brief.
    • 20 days in accelerated appeals (or 30/20 days after appellant’s deadline if no appellant brief).
  • Reply brief: 20 days after appellee’s brief.
  • Extensions: Permitted by motion.

Court of Appeals Rehearing / En Banc (TRAP 49)

  • Deadline: 15 days after the judgment or order.
  • Applies to both motions for panel rehearing and motions for en banc reconsideration.

Petition for Review – Texas Supreme Court (TRAP 53, 64)

  • Petition:
    • 45 days after the court of appeals’ judgment, or
    • 45 days after denial of a timely rehearing.
  • Response: 30 days after petition is filed.
  • Reply: 15 days after the response.
  • Extensions: Available by motion.
  • Motion for rehearing in the Supreme Court: 15 days after the Court’s judgment/order disposing of the petition for review.

Petition for Writ of Certiorari – U.S. Supreme Court (U.S. Sup. Ct. R. 13)

  • Deadline: 90 days from the Texas Supreme Court’s judgment or from denial of timely rehearing.
  • Extensions: Application must be filed at least 10 days before the petition’s due date; extensions may be granted up to 60 days.

Mandate / Finality (TRAP 18.1)

  • The appellate judgment becomes effective for enforcement when the mandate issues, generally after all time periods for rehearing and Supreme Court review have run.

Practice Tip – TRAP 4.5 “No Notice” Extension

If a party did not receive notice of the appellate court’s judgment/order within 20 days, they may move for an extension to extend deadlines. This must be supported by sworn proof, and the motion must be filed within 15 days after the party receives actual notice (but not more than 90 days after the judgment/order).