Willacy County District Court Filing Timing and Cure Windows

WARNING

A case’s relative filing order is determined from the date stamp on its first pleading and any endorsed filing time; if no 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.

CRITICAL

Unless the Court directs otherwise, the submission is due within 30 days after rendition or announcement of settlement.

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.

CRITICAL

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 Defendants'/Third Party Defendants' experts - 60 days prior to trial

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 Defendants'/Third Party Defendants' experts - 60 days prior to trial

CRITICAL

A plaintiff must request a setting or take other appropriate action within 30 days after notice that the case is subject to 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

If pleadings have been on file more than 7 but less than 30 days before trial, dilatory pleas and special exceptions are waived unless presented at a scheduled pre-trial conference or, if none is scheduled or held, 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

When the docket control order leaves the specified expert designation and disclosure dates to the Rules and does not provide those dates, Plaintiffs’ and Third Party Plaintiffs’ expert designations and disclosures are due 90 days before trial.

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

CRITICAL

A party that is also a Third Party Plaintiff, Cross-Plaintiff, or Counter-Plaintiff must use the Plaintiffs’/Third Party Plaintiffs’ expert designation date for issues on which it seeks affirmative relief from another party.

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

Plaintiff must request an initial pre-trial conference no later than the 90th day after suit is filed; any other party may also request one.

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

CRITICAL

An amended pleading permitted during trial is due no later than the commencement 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

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

If pleadings have been on file seven days or fewer before trial, any dilatory pleas and special exceptions to them must be presented before trial begins.

(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

If pleadings have been on file 30 days before trial, dilatory pleas and special exceptions are waived unless filed and presented for ruling 10 days before 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.