The "Time" Bomb in the New Amendments to the TRCPs

You may have heard that the Texas Supreme Court has promulgated final amendments to the Texas Rules of Civil Procedure and Rules of Appellate Procedure related to mandatory electronic filing. The amendments go into effect on January 1, 2014. But you may not know that the amendments contain some other key changes. One amendment in particular will change the way we calculate response deadlines.

It has long been the rule that service by mail or fax gives the recipient an additional 3 days on any deadline to respond. So, if the other side serves discovery requests by fax, you can calendar the response date for 33 days after service (30 days in the discovery rules plus 3 days beause of service by fax). But effective January 1, service by fax will no longer grant three extra days. The Court has amended Rule 4 and Rule 21a to limit the three extra days to service by mail.

So, be sure to update your docketing procedures effective January 1.

Click here to see the Court's order and all of the amendments that go in effect on January 1.

 - Rich Phillips, Thompson & Knight

Comments

[Rich Phillips]

MLJ12,

I found that apparent omission interesting as well. Not sure if its a bug or a feature.

Rich

[MLJ12]

I find it interesting that the Court added email as a proper method of service under Rule 21a(a)(2) but failed to specify when email service is complete under subsection (b).

I guess some things must be decided in the Thunderdome.