United States · Texas trial setting and pretrial
When must a qualifying Texas expedited action be set for trial?
On a party’s request in a qualifying expedited action, Rule 169(d)(2) requires the court to set a trial date within ninety days after the Rule 190.2(b)(1) discovery period ends. The court may continue the case twice, by no more than sixty days in total. This is a conditional court scheduling duty, not a ninety-day filing period for a party. This guide calculates no trial date.
- Period
- Set a trial date within ninety days after discovery ends on request, subject to up to two continuances totaling no more than sixty days
- Trigger
- The actual Rule 190.2(b)(1) discovery endpoint and the party’s request for a trial setting
- Rule
- Texas Rule 169(a), (d)(2)
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
A ninety-day addition alone cannot determine current expedited eligibility, the complete discovery endpoint, request, selected trial date or actual continuances. This guide publishes no court-selected date or paid calculation record.
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Which facts and events control this procedure?
Read the actual pleadings to establish Rule 169 eligibility and whether the case remains in that process.
Establish the complete Rule 190.2 discovery endpoint, including any controlling modification.
Obtain the party’s setting request, actual setting order and any continuance orders.
Texas Rule 169(a), (d)(2)How does the required timing work?
- Read the actual pleadings to establish Rule 169 eligibility and whether the case remains in that process.
- The ninety-day window in Rule 169(d)(2) follows the actual discovery endpoint and concerns the trial date selected on request. It does not run from the request itself. Check the separate cap of two continuances totaling no more than sixty days.
- Read the actual order and confirm every stated condition.
- Complete the act required by the rule, not merely a date calculation.
Rule 4 governs applicable computation, but it does not select the actual trial date or grant a continuance. Read the court’s scheduling and continuance orders and actual court calendar. This source guide applies no automated extension to a setting window.
Texas Rule 169(a), (d)(2)Why is no fixed date calculated?
A ninety-day addition alone cannot determine current expedited eligibility, the complete discovery endpoint, request, selected trial date or actual continuances. This guide publishes no court-selected date or paid calculation record.
Which conditions, exceptions or court directions matter?
- Current expedited scope
- Rule 169(a) requires all claimants other than counterclaimants to affirmatively plead only monetary relief aggregating $325,000 or less, with its stated exclusions for interest, statutory or punitive damages and penalties, attorney fees and costs.
- Removal changes the process
- Rule 169(c) requires removal on its good-cause or disqualifying-pleading conditions and reopening under Rule 190.2(c). A former expedited designation does not establish current eligibility.
- Actual discovery endpoint
- Rule 190.2(b)(1) has different non-family and Family Code discovery events. The first disclosure due date is not universally interchangeable with first discovery service.
- Continuances require court action
- Rule 169(d)(2) permits two continuances totaling no more than sixty days. It does not automatically add sixty days to every setting or authorize a party to move the date.
- 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 a qualifying Texas expedited action be set for trial?
Does the ninety-day period start when I request trial?
The rule measures the trial date after the Rule 190.2(b)(1) discovery period ends. The party’s request activates the stated court duty.
Texas Rule 169(d)(2)Is every monetary claim below $325,000 enough?
Read the actual affirmative pleadings, claimant exclusions and relief exclusions in Rule 169(a), and establish that the suit remains in the expedited process.
Texas Rule 169(a), (c)May I simply add sixty days for continuances?
No. The court may continue twice, within the aggregate cap. Preserve the actual continuance orders.
Texas Rule 169(d)(2)Official sources and review
Provisions used (8)
| Provision | Purpose |
|---|---|
| Texas Rule 169(a), (d)(2) | The actual actor, required act and timing conditions |
| Texas Rule 169(a) | Current expedited scope |
| Texas Rule 169(c), 190.2(c) | Removal changes the process |
| Texas Rule 190.2(b)(1) | Actual discovery endpoint |
| Texas Rule 169(d)(2) | Continuances require court action |
| 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 |