When does Texas Level 2 discovery end?

Read the actual pleadings and signed discovery orders to establish whether Level 2 governs.

For a non-Family Code case, establish when the first initial disclosures were due under the applicable Rule 194.2(a) agreement or order. The date disclosures were actually served is not substituted for their due date.

Obtain the actual trial setting. For a Family Code case, also establish when suit was filed. Preserve any reset and later plan modification.

1. Read the actual pleadings and signed discovery orders to establish whether Level 2 governs.
2. Rule 190.3(b)(1)(A) requires both non-family endpoints to be assessed and the earlier applicable endpoint selected. Nine months is not a fixed 270-day period. Rule 190.3(b)(1)(B) separately governs the Family Code period. Read the actual plan before applying either branch.
3. The trial-only preset and nine-month-only preset each accept one event. They cannot establish both non-family inputs, select the earlier endpoint, choose the Family Code branch or read the actual discovery order.

Rule 4 excludes the triggering event and generally moves a final Saturday, Sunday or legal holiday to the next permissible day. Its five-day-or-less intermediate-day exclusion does not govern these longer intervals. Establish the actual applicable holidays and court orders. This guide applies no automatic rollover to a comparison limb or backward trial interval, and supplies no computed endpoint.

The trial-only preset and nine-month-only preset each accept one event. They cannot establish both non-family inputs, select the earlier endpoint, choose the Family Code branch or read the actual discovery order.

Level 1 or Level 3 applies instead

Rule 190.3(a) applies unless the suit is governed by Rules 190.2 or 190.4. A Level 3 order may change the period and specify request deadlines instead of, or alongside, completion requirements.

Plan modifications

Rule 190.5 permits modification and requires it when justice requires. Outside Rule 169 expedited actions, its stated late-information and material-change conditions can require additional discovery. A party must establish those conditions; a reset does not automatically create a new nine-month period.

Initial disclosures due, not delivered

Rule 194.2(a) generally uses thirty days after the first answer or general appearance, with separate treatment for later parties and agreement or order. Establish the first initial-disclosure due date that Rule 190.3 actually uses.

Presuit and postjudgment discovery

Rule 190.6 excludes discovery under Rules 202 and 621a from these limits. Rule 202 cannot be used to circumvent them.

Requests need time for completion

Rules 196.1(a), 197.1 and 198.1 require their ordinary requests to be served no later than thirty days before the discovery period ends. A request served on the final discovery day is not made timely by this guide.

• This review does not establish the actual case classification, disclosure due date, discovery service, court calendar or contents of a signed order.

• Read the actual pleadings and signed discovery orders to establish whether Level 2 governs.
• For a non-Family Code case, establish when the first initial disclosures were due under the applicable Rule 194.2(a) agreement or order. The date disclosures were actually served is not substituted for their due date.
• Obtain the actual trial setting. For a Family Code case, also establish when suit was filed. Preserve any reset and later plan modification.
• Rule 190.3(a) applies unless the suit is governed by Rules 190.2 or 190.4. A Level 3 order may change the period and specify request deadlines instead of, or alongside, completion requirements.
• Rule 190.5 permits modification and requires it when justice requires. Outside Rule 169 expedited actions, its stated late-information and material-change conditions can require additional discovery. A party must establish those conditions; a reset does not automatically create a new nine-month period.
• Rule 194.2(a) generally uses thirty days after the first answer or general appearance, with separate treatment for later parties and agreement or order. Establish the first initial-disclosure due date that Rule 190.3 actually uses.
• Rule 190.6 excludes discovery under Rules 202 and 621a from these limits. Rule 202 cannot be used to circumvent them.
• Rules 196.1(a), 197.1 and 198.1 require their ordinary requests to be served no later than thirty days before the discovery period ends. A request served on the final discovery day is not made timely by this guide.
• Discovery must actually be conducted within the controlling period. Preserve disclosures, requests, responses, deposition completion and service evidence. Filing a request with the clerk does not establish completed discovery. Rule 21a governs service separately from electronic filing under Rule 21(f)(5). Check the signed discovery plan and any specific time, method or recipient requirements.