Cameron County Courts at Law Filing Timing and Cure Windows

WARNING

The first pleading’s District Clerk date-stamp determines whether a case is earlier or later; if no filing time is endorsed, the filing time is assumed to be 4:59 p.m.

Whether a case is "earlier" or "later" as those terms are used in this rule will be determined by the date-stamp from the District Clerk's office on the face of the first pleading filed in the case, and if necessary, any time of filing endorsed on that stamp. Where no time of filing is endorsed on the stamp the time filed will be assumed to have been 4:59 p.m.

WARNING

Applications for ex parte orders must be presented in accordance with Rule 1.2.

All applications for ex parte orders shall be presented in accordance with Rule 1.2.

CRITICAL

Except in emergencies when the District Clerk's office is closed, an application for immediate or temporary relief must be filed and assigned before it is presented to a judge.

Except in emergencies when the District Clerk's office is not open for business, no application for immediate or temporary relief shall be presented to a Judge until it has been filed and assigned to a court as provided in Rule 1.1.

CRITICAL

failure to timely file pleadings to meet the exceptions previously sustained.

failure to timely file pleadings to meet the exceptions previously sustained.

CRITICAL

An amended pleading permitted during trial is due no later than the start of the charge conference unless the order specifies a different deadline.

Any order permitting a party to amend that party's pleading during trial shall be deemed to require the amended pleading to be filed no later than commencement of the charge conference. Such orders may specify a different time limit.

CRITICAL

Applies to

Dilatory plea and special exception

(b) If pleadings have been on file thirty (30) days before trial is scheduled to commence, any dilatory pleas and special exceptions to those pleadings are deemed waived unless timely filed and presented to the court for ruling ten (10) days before the date the case is scheduled to commence trial.

(b) If pleadings have been on file thirty (30) days before trial is scheduled to commence, any dilatory pleas and special exceptions to those pleadings are deemed waived unless timely filed and presented to the court for ruling ten (10) days before the date the case is scheduled to commence trial.

CRITICAL

The plaintiff must request an initial pretrial conference no later than the 90th day after suit is filed; any other party may request one.

(a) No later than the 90th day after suit is filed, Plaintiff shall request and any other party may request an initial pre-trial conference.

CRITICAL

An amended pleading is due within 20 days after the order is signed or seven days before trial, whichever comes first, unless the order sets another time; when amendment is required within seven days, the court must specify the due date when ruling.

(a) An order sustaining a special exception or requiring a party to amend that party's pleading shall be deemed to require the amended pleading to be filed within 20 days after the order is signed or seven (7) days before trial commences, whichever dates comes first. Such orders may specify a different time limit. If special exceptions are granted or other orders of the court entered which would require amendment of pleadings within seven (7) days, the court shall specify at the time it makes its ruling the date on which the amended pleading necessitated by that ruling shall be due.

CRITICAL

When the docket control order does not specify the applicable expert-designation and disclosure dates, plaintiffs and third-party plaintiffs must designate experts 90 days before trial.

If the docket control order does not specify dates on which each party's experts are to be designated, nor dates for disclosure information under Tex.R.Civ.P. 194 to be provided, the dates for such disclosures shall be as follows: For Plaintiffs'/Third Party Plaintiffs' experts - 90 days prior to trial

CRITICAL

When the docket control order uses the Rules for expert designations and does not specify disclosure dates, plaintiffs’ experts are due 90 days before trial and defendants’ experts 60 days before trial; a defendant seeking affirmative relief uses the plaintiffs’ deadline for those issues.

(c) All cases in which a court order is entered specifying pre-trial deadlines are Level 3 cases even if the words "Level 3" are not used in the Order. Whenever a Court's docket control order provides that expert designation obligations shall be handled pursuant to or by "the Rules," the dates in this subsection shall govern. If the docket control order does not specify dates on which each party's experts are to be designated, nor dates for disclosure information under Tex.R.Civ.P. 194 to be provided, the dates for such disclosures shall be as follows: For Plaintiffs'/Third Party Plaintiffs' experts - 90 days prior to trial For Defendants'/Third Party Defendants' experts - 60 days prior to trial If a party is both a Defendant and a Third Party Plaintiff, Cross-Plaintiff and/or Counter-Plaintiff, then as to all issues on which it is seeking affirmative relief from another party, the expert designation date is the date for Plaintiffs'/Third Party Plaintiffs' experts.

CRITICAL

A plaintiff risks dismissal for want of prosecution if, within 30 days after notice, the plaintiff fails to request a setting or take other appropriate action.

Failure of Plaintiff to request a setting or take other appropriate action within thirty (30) days of notice from the Court that the case is subject to being dismissed for want of prosecution.

CRITICAL

A party that is both a defendant and a third-party plaintiff, cross-plaintiff, or counter-plaintiff uses the plaintiffs' expert-designation date for issues on which it seeks affirmative relief.

If a party is both a Defendant and a Third Party Plaintiff, Cross-Plaintiff and/or Counter-Plaintiff, then as to all issues on which it is seeking affirmative relief from another party, the expert designation date is the date for Plaintiffs'/Third Party Plaintiffs' experts.

CRITICAL

When pleadings have been on file more than seven but less than 30 days before trial, dilatory pleas and special exceptions must be filed and presented at a scheduled pretrial conference or, if none is scheduled or held, presented before trial.

If pleadings have been on file more than seven (7) days but less than thirty (30) days before trial is scheduled to commence, any dilatory pleas and special exceptions to those pleadings are deemed waived unless timely filed and presented to the Court at any scheduled pre-trial conference; if there is no scheduled final pre-trial conference, or it is not held, such pleas and exceptions shall be presented to the Court before trial commences.

CRITICAL

An amended pleading required by an order sustaining a special exception or requiring amendment is due within 20 days after the order is signed or seven days before trial, whichever comes first, unless the order specifies another deadline.

An order sustaining a special exception or requiring a party to amend that party's pleading shall be deemed to require the amended pleading to be filed within 20 days after the order is signed or seven (7) days before trial commences, whichever date comes first. Such orders may specify a different time limit.

CRITICAL

When the docket control order does not specify the applicable expert-designation and disclosure dates, defendants and third-party defendants must designate experts 60 days before trial.

If the docket control order does not specify dates on which each party's experts are to be designated, nor dates for disclosure information under Tex.R.Civ.P. 194 to be provided, the dates for such disclosures shall be as follows: For Defendants'/Third Party Defendants' experts - 60 days prior to trial

CRITICAL

Applies to

Dilatory plea and special exception

If pleadings have been on file more than seven but less than 30 days before trial, dilatory pleas and special exceptions must be timely filed and presented at a scheduled pretrial conference, or before trial if no final conference is scheduled or held.

(c) If pleadings have been on file more than seven days but less than thirty (30) days before trial is scheduled to commence, any dilatory pleas and special exceptions to those pleadings are deemed waived unless timely filed and presented to the court at any scheduled pre-trial conference; if there is no scheduled final pre-trial conference, or it is not held, such pleas and exceptions shall be presented to the court before trial commences.

CRITICAL

Unless the court directs otherwise, counsel must submit proposed orders, decisions, and judgments within 30 days after rendition or an announcement of settlement; untimely submission of a proposed order or judgment disposing of the entire case may be grounds for dismissal for want of prosecution.

Unless the court directs otherwise, counsel shall submit proposed orders, decisions, and judgments to the Court for approval and signature within thirty (30) days after rendition or announcements of settlement. Counsel shall serve copies on all counsel. Failure to submit timely a proposed judgment or order disposing of the entire case may be considered as grounds to dismiss for want of prosecution under Rule 1.14.

CRITICAL

The plaintiff must request an initial pretrial conference no later than the 90th day after suit is filed; any other party may request one as well.

No later than the 90th day after suit is filed, Plaintiff shall request and any other party may request an initial pre-trial conference.

CRITICAL

A plaintiff's failure to request a setting or take other appropriate action within 30 days after notice that the case is subject to dismissal may result in dismissal for want of prosecution.

(a) Failure of Plaintiff to request a setting or take other appropriate action within thirty (30) days of notice from the Court that the case is subject to being dismissed for want of prosecution.

CRITICAL

Proposed orders, decisions, and judgments are due within 30 days after rendition or announcement of settlement, unless the Court directs otherwise; untimely submission of a proposed judgment or order disposing of the entire case may support dismissal for want of prosecution.

Unless the court directs otherwise, counsel shall submit proposed orders, decisions, and judgments to the Court for approval and signature within thirty (30) days after rendition or announcements of settlement. Counsel shall serve copies on all counsel. Failure to submit timely a proposed judgment or order disposing of the entire case may be considered as grounds to dismiss for want of prosecution under Rule 1.14.

CRITICAL

Applies to

Dilatory plea and special exception

If pleadings have been on file seven days or fewer before trial, dilatory pleas and special exceptions must be presented to the court before trial commences.

(d) If pleadings have been on file seven (7) or fewer days before trial is scheduled to commence, any dilatory pleas and special exceptions to those pleadings shall be presented to the court before trial commences.

CRITICAL

An amended pleading permitted during trial is due no later than commencement of the charge conference, unless the order specifies a different time.

(b) Any order permitting a party to amend that party's pleading during trial shall be deemed to require the amended pleading to be filed no later than commencement of the charge conference. Such orders may specify a different time limit.

CRITICAL

If pleadings have been on file thirty (30) days before trial is scheduled to commence, any dilatory pleas and special exceptions to those pleadings are deemed waived unless timely filed and presented to the Court for ruling ten (10) days before the date the case is scheduled to commence trial.

If pleadings have been on file thirty (30) days before trial is scheduled to commence, any dilatory pleas and special exceptions to those pleadings are deemed waived unless timely filed and presented to the Court for ruling ten (10) days before the date the case is scheduled to commence trial.

WARNING

Parties must make readiness announcements at the noticed time; a plaintiff's failure may result in dismissal, while a defendant's failure permits the court to assume the defendant is ready.

Each court shall set a time for announcements of readiness for trial and shall notify all parties of the announcement date and time when providing notice of the trial setting. (1) When no announcement is made on behalf of Plaintiff at the time scheduled, the case may be dismissed for want of prosecution. (2) When no announcement is made on behalf of a Defendant at the time scheduled, the Court will be entitled to assume that Defendant to be ready.

WARNING

Failure of plaintiff's counsel to appear at specified proceedings or to timely file pleadings addressing sustained exceptions may be grounds for dismissal for want of prosecution.

(b) Failure of Plaintiffs counsel to appear for pre-trial, or failure to appear for Final Hearing, Trial or any other hearing where there has been a previous failure to appear and/or no indication has been given to the court for the reason counsel has not yet appeared, or failure to timely file pleadings to meet the exceptions previously sustained.