The close of discovery is a meaningful turning point in Texas civil litigation. Once discovery closes, the case shifts from information gathering to case narrowing, motion practice, and trial preparation. Understanding what comes next—and what deadlines are triggered by the close of discovery—helps avoid missteps at a critical stage of the case.
What “Close of Discovery” Means
In Texas cases governed by Rules 190.2 or 190.3, discovery closes automatically when the applicable discovery period ends. Absent a court order, parties may not initiate new discovery after that date.
The close of discovery does not end the case. Instead, it signals that the factual record is largely set and that the focus now turns to dispositive motions, expert challenges, and trial readiness.
Post-Discovery Motion Practice
After discovery closes, parties often turn to motion practice that depends on a complete discovery record, including:
- Motions for summary judgment
- Motions to exclude or limit expert testimony
- Motions to compel or motions for sanctions relating to late or deficient discovery
Because discovery is closed, courts are generally less receptive to arguments that additional discovery is needed unless a party can satisfy the requirements for reopening discovery.
Expert-Related Deadlines and Challenges
In many cases, expert disclosures occur near the end of the discovery period. Once discovery closes, parties typically evaluate whether to challenge expert opinions through:
- Motions to strike or exclude expert testimony
- Objections to untimely or improper expert disclosures
- Motions addressing expert qualifications or methodology
These challenges are often time-sensitive and may be governed by scheduling orders or local practice.
Pretrial Disclosures and Trial Preparation
The close of discovery also marks the beginning of focused trial preparation. Common post-discovery tasks include:
- Finalizing exhibit and witness lists
- Preparing pretrial disclosures and exchange materials
- Drafting motions in limine
- Preparing jury charge requests and trial briefs
Even in cases where trial is months away, these steps often begin shortly after discovery closes.
Can Discovery Be Reopened?
Discovery does not automatically reopen once it closes. Additional discovery typically requires:
- Agreement of the parties, or
- A court order under Texas Rule of Civil Procedure 190.5
Courts may allow additional discovery when new pleadings, late disclosures, or material changes would otherwise cause unfair prejudice. However, reopening discovery is discretionary and should not be assumed.
Practical Takeaway
The close of discovery marks a procedural shift, not a pause. Once discovery ends, parties should:
- Confirm that all permitted discovery was completed timely
- Identify any discovery disputes that must be addressed promptly
- Evaluate the case for dispositive and evidentiary motions
- Begin focused trial preparation
Missing this transition can lead to waived arguments, missed motion deadlines, or unnecessary trial pressure.
Always confirm post-discovery deadlines based on the applicable discovery control plan, scheduling order, and court-specific requirements.