When does a Texas pleading that removes expedited status require leave?

Establish the suit’s current expedited eligibility and the exact relief sought by the proposed pleading.

Obtain the complete discovery control plan, actual discovery close and modification orders.

Obtain the actual trial setting and determine both comparison limbs before filing or seeking leave.

1. Establish the suit’s current expedited eligibility and the exact relief sought by the proposed pleading.
2. Compute and compare the two distinct limbs from their actual events. The rule requires filing before the earlier boundary, not on or before either isolated thirty-day endpoint. This guide does not select a latest time, perform an automatic backward closed-day adjustment or grant leave.
3. Read the actual order and confirm every stated condition.
4. Complete the act required by the rule, not merely a date calculation.

Rule 4 and the actual discovery plan and trial-setting orders require assessment. A generic forward rollover must not shorten the minimum before-trial interval or erase the strict before requirement. No single-date calculation or automatic leave assumption is published.

The trial-only thirty-day preset omits the discovery limb, strict before condition, current classification and actual leave. No calculated filing date or paid record is published.

Removal requires the stated event

Rule 169(c)(1) requires removal on a party’s good-cause motion or a non-counterclaimant claimant’s pleading seeking relief outside the permitted monetary scope. Read the actual relief and pleading rather than assuming any amendment removes status.

Strict earlier comparison

Rule 169(c)(2) uses before the earlier of thirty days after discovery closes and thirty days before the trial date. A trial-only thirty-day preset omits the discovery limb and cannot establish the no-leave condition.

Leave and reopened discovery

Leave requires good cause outweighing prejudice to an opposing party. On removal, the court must reopen discovery under Rule 190.2(c). A motion for leave or a changed pleading does not prove the actual court directions.

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.

• Establish the suit’s current expedited eligibility and the exact relief sought by the proposed pleading.
• Obtain the complete discovery control plan, actual discovery close and modification orders.
• Obtain the actual trial setting and determine both comparison limbs before filing or seeking leave.
• Rule 169(c)(1) requires removal on a party’s good-cause motion or a non-counterclaimant claimant’s pleading seeking relief outside the permitted monetary scope. Read the actual relief and pleading rather than assuming any amendment removes status.
• Rule 169(c)(2) uses before the earlier of thirty days after discovery closes and thirty days before the trial date. A trial-only thirty-day preset omits the discovery limb and cannot establish the no-leave condition.
• Leave requires good cause outweighing prejudice to an opposing party. On removal, the court must reopen discovery under Rule 190.2(c). A motion for leave or a changed pleading does not prove the actual court directions.
• File the actual status-removing pleading and complete required service. If the no-leave timing condition is not satisfied, obtain actual leave based on good cause outweighing prejudice before treating filing as authorized. Preserve the ruling removing the case and the discovery-reopening directions.