The close of discovery is a meaningful procedural milestone in a Texas civil case. Once discovery ends, the case moves out of its information-gathering phase and into a period dominated by motion practice, evidentiary challenges, and trial-related deadlines. While discovery deadlines receive careful attention, the deadlines that follow discovery are just as important.
Understanding what comes next helps ensure that the transition from discovery to trial is deliberate rather than reactive.
The Shift After Texas Discovery Closes
When discovery closes under the applicable discovery control plan, parties may no longer initiate new discovery absent agreement or court order. At that point, the factual record is largely fixed, and the focus turns to how that record will be used.
This shift is procedural, not symbolic. Courts expect parties to proceed based on the evidence already developed and to begin narrowing issues for resolution or trial.
Dispositive and Evidentiary Motion Deadlines
One of the first post-discovery considerations is motion practice. Summary judgment motions are often prepared or finalized after discovery closes, when the evidentiary record is complete and the absence of proof on key elements can be evaluated.
Evidentiary motions also become more prominent at this stage. Challenges to expert testimony frequently follow the completion of expert discovery, and many courts impose deadlines for these motions that are tied to the discovery cutoff or trial setting. Missing these deadlines can limit a party’s ability to challenge expert opinions later.
Expert-Related Deadlines After Discovery
Although expert disclosures and depositions often occur near the end of discovery, challenges to expert testimony typically arise after discovery has closed. This is when parties assess expert qualifications, methodology, and scope of opinions based on the completed record.
Scheduling orders or local rules may govern when expert challenges must be raised. Once those deadlines pass, courts are generally reluctant to entertain late objections absent good cause.
Pretrial Disclosures and Trial Preparation Deadlines
After discovery closes, pretrial obligations begin to take shape. Courts commonly require the exchange of witness lists, exhibit lists, and other pretrial materials well in advance of trial.
Even in cases where trial is months away, these deadlines can arrive quickly, particularly if discovery closes close in time to the trial setting or if the court has issued a compressed docket control order. Treating discovery closure as the starting point for trial preparation helps avoid last-minute filings and unnecessary disputes.
Motions in Limine and Pretrial Conferences
Motions in limine are typically prepared after discovery closes, once evidentiary issues and trial themes are clearer. While these motions are often filed closer to trial, preparation usually begins earlier, based on the discovery record.
Pretrial conferences also play a key role during this phase. Courts may use these conferences to finalize deadlines, resolve outstanding issues, and confirm trial readiness. Failing to account for these procedural checkpoints can result in missed deadlines or unexpected rulings.
Can Discovery Be Reopened?
Discovery does not automatically reopen once it closes. Absent agreement of the parties, additional discovery generally requires a court order and must satisfy the standards set out in the Texas Rules of Civil Procedure.
Courts may allow additional discovery in limited circumstances, but reopening discovery should not be assumed simply because trial preparation reveals gaps or strategic needs.
Practical Takeaway
The close of discovery is not an endpoint. It is a transition into a deadline-driven phase focused on motions, evidentiary challenges, and trial preparation. Lawyers who recognize this shift early are better positioned to meet post-discovery deadlines and avoid unnecessary procedural setbacks.
Always confirm post-discovery deadlines based on the governing discovery control plan, scheduling order, and court-specific requirements.