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

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)

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.