In Expedited Rules Decoded: Things You Need To Know About TRCP 169, we examined the broad impact that Texas' Expedited Rules can have on both lawyers' strategy and the outcomes of cases. The Expedited Rules provide a process for developing and following "a schedule of events that achieves its earliest disposition."1
In this edition, we narrow our focus and examine how TRCP 169 affects the use of experts in Expedited matters, in light of TRCP 195.
As previously discussed, the TRCP 169 modifies the discovery period for expedited cases. The discovery period is intended to last 180 days from the first day discovery is sent in a case. The time to designate experts is quick and crucial.
TRCP 169 does NOT modify the deadline by which to designate experts imposed under TRCP 195. Under Rule 195, the party seeking affirmative relief must designate experts 90 days before the discovery ends, while all other experts must be designated 60 days before discovery ends2. It is possible the Plaintiff's expert(s) designation will be due 90 days from when the Defendant is served with the lawsuit.
Therefore, each party needs to know and identify early, if, and what type of expert(s) to designate as early as possible.
In addition to a shortened designation deadline, the Expedited Rules impose limitations on challenges to expert testimony.
Specifically, under TRCP 169(d)(5), a party may only challenge the admissibility of expert testimony:
1. As an objection to summary judgment evidence under Rule 166a; OR
2. During the trial on the merits unless requested by the party sponsoring the expert.
TRCP 169(d)(5) does NOT apply to a motion to strike for late designation.
1. Expert designations come up quickly under the Expedited Rules, so identify potential experts early.
2. The Expedited Rules allow challenges to expert testimony in only 2 situations, so keep this in mind when preparing or responding to summary judgment and/or trial.
1. Expedited Rules Decoded: Things You Need to Know about TRCP 169 /blog/2017/03/expedited-rules-decoded-things-you-need-to-know-about-trcp-169.shtml
2. The parties can agree to modify the deadlines via a Scheduling Order.