United States · Texas trial setting and pretrial
When must court-referred ADR in a Texas expedited action be completed?
Unless the parties have agreed not to engage in ADR, Rule 169(d)(4)(A) permits the court to refer a qualifying expedited action once. That procedure must be completed no later than sixty days before the initial trial setting, last no more than half a day excluding scheduling time, and meet the stated cost cap. Party-agreed ADR has a separate branch. This guide calculates no completion date.
- Period
- Complete the covered court-referred procedure no later than sixty days before the initial trial setting, with separate duration and cost limits
- Trigger
- The initial trial setting and actual Rule 169(d)(4) court referral
- Rule
- Texas Rule 169(d)(4)
Official consolidated rules dated October 1, 2026, with individual amendment and transition provisions
Source guide · No automated date
Check the required act and controlling order
The sixty-day preset cannot select the court-referral or agreement branch, establish the initial setting or prove completed compliant ADR. It does not resolve a backward closed-day last date. This guide publishes no date.
Texas Rule 169(d)(4)What lawyers say
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Which facts and events control this procedure?
Establish the suit’s current expedited status and actual initial trial setting.
Read the referral order and any agreement not to engage in ADR.
Identify the required procedure, completion evidence, duration and actual applicable civil filing fees for the cost cap.
Texas Rule 169(d)(4)How does the required timing work?
- Establish the suit’s current expedited status and actual initial trial setting.
- The sixty-day interval concerns completion before the initial trial setting, not referral, scheduling or a later trial reset. Rule 169(d)(4)(A) separately limits referral count, duration and total cost. Rule 169(d)(4)(C) addresses other party-agreed ADR.
- Read the actual order and confirm every stated condition.
- Complete the act required by the rule, not merely a date calculation.
Rule 4 excludes the triggering act or event and includes the last computed day. Periods longer than five days count intermediate weekends and holidays. Do not automatically move a backward latest date forward toward trial and shorten the required interval. Read the current rule, actual court calendar and order. This guide applies no automatic backward closed-day adjustment.
Texas Rule 169(d)(4)Why is no fixed date calculated?
The sixty-day preset cannot select the court-referral or agreement branch, establish the initial setting or prove completed compliant ADR. It does not resolve a backward closed-day last date. This guide publishes no date.
Which conditions, exceptions or court directions matter?
- Agreement not to engage
- Rule 169(d)(4)(A) starts with the exception where the parties have agreed not to engage in ADR. Establish the actual agreement rather than assuming every expedited case has a referral.
- One referral and limited duration
- The covered court referral may occur once, and its procedure may not exceed half a day excluding scheduling time. The sixty-day number is not the permitted duration of the session.
- Cost cap and objections
- The covered procedure’s total cost may not exceed twice the applicable civil filing fees. The court must consider objections to referral unless statute prohibits them.
- Other party-agreed ADR
- Rule 169(d)(4)(C) permits the parties to agree to ADR other than the procedure provided under (A). Do not apply the court-referral timing and limits to a different agreement without reading it.
- Final approval and effective date
- The Supreme Court’s October 2, 2026 final order, Misc. Docket No. 26-9079, approved the Rules 47 and 169 amendments effective immediately. It establishes the reviewed $325,000 expedited monetary threshold. The October 1 consolidation date alone does not establish that amendment’s effective date, and historical proceedings still require their applicable law and orders. Rule 190.2’s separate qualifying-divorce estate test is not changed to $325,000 by this order.
- This guide does not establish the actual pleadings, service, calendar, legal entitlement or terms of a signed order.
- The current consolidation date does not decide historical applicability of an individual amendment.
What must be completed and preserved?
Common questions about this required act
When must court-referred ADR in a Texas expedited action be completed?
Does scheduling ADR sixty days before trial complete the duty?
The covered procedure must be completed no later than sixty days before the initial trial setting. Scheduling alone is a different act.
Texas Rule 169(d)(4)(A)(iii)Does a later reset automatically replace the initial setting?
The rule expressly uses the initial trial setting. Read the actual order rather than substituting the reset automatically.
Texas Rule 169(d)(4)(A)(iii)Can the parties agree to another ADR procedure?
Yes. Rule 169(d)(4)(C) states the separate party-agreement branch.
Texas Rule 169(d)(4)(C)Official sources and review
Provisions used (8)
| Provision | Purpose |
|---|---|
| Texas Rule 169(d)(4) | The actual actor, required act and timing conditions |
| Texas Rule 169(d)(4)(A) | Agreement not to engage |
| Texas Rule 169(d)(4)(A)(i) | One referral and limited duration |
| Texas Rule 169(d)(4)(A)(ii), (B) | Cost cap and objections |
| Texas Rule 169(d)(4)(C) | Other party-agreed ADR |
| Texas Rule 4 | Computation, short periods and closed-day boundaries |
| Texas Rule 21a, 21(f)(5) | Separate service and ordinary electronic filing requirements, where applicable |
| Texas Supreme Court Misc. Docket No. 26-9079, October 2, 2026 | Final approval of the $325,000 Rules 47 and 169 amendments, effective immediately |