The Stages of a Commercial Lawsuit in Texas

The map, in one view

Every Texas civil case follows the same skeleton. The flesh differs: a two-party contract case in Level 2 discovery looks nothing like a multi-party fraud case with experts, but both pass the same checkpoints in the same order. This article is the map. Each stage links to the article that explains it in depth.

Stage 1: pleadings

The plaintiff files an original petition that states the claims, the discovery level under Rule 190 and the damages range under Rule 47 (for example, monetary relief over $250,000 but not more than $1,000,000). The clerk issues a citation and the defendant is served. The defendant's written answer is due by 10:00 a.m. on the Monday after 20 days from service under Rule 99; a general denial is enough to avoid default. The answer may also plead affirmative defenses and counterclaims. What happens when you are served covers this stage from the defendant's side.

Stage 2: early motions

Some objections must be raised before or with the answer or they are lost: a special appearance contesting personal jurisdiction (Rule 120a) and a motion to transfer venue (Rule 86). A defendant with a basis for federal jurisdiction has 30 days from receipt of the petition to remove the case to federal court under 28 U.S.C. § 1446.

Two tools can end a weak claim early. A Rule 91a motion to dismiss a cause of action that has no basis in law or fact must be filed within 60 days after the pleading is served and ruled on within 45 days of filing. A motion under the Texas Citizens Participation Act, for claims based on protected speech, petition or association, must be filed within 60 days of service and stays discovery while it is pending, though most commercial claims are exempt from the Act. Early dismissal in Texas explains both.

A business that needs an order immediately, to stop a departing employee or preserve an asset, asks for a temporary restraining order and a temporary injunction at this stage, and that fast track runs alongside the normal case.

Stage 3: disclosures and discovery

Within 30 days after the first answer, each party must serve initial disclosures under Rule 194.2 without a request: its legal theories, a computation of damages, the people with knowledge, the documents it may use, insurance and settlement agreements. The discovery period then runs under the case's level: 180 days in a Level 1 expedited action, and in a Level 2 case until the earlier of 30 days before trial or nine months after disclosures were due.

Discovery itself consists of requests for production, interrogatories, requests for admission, depositions and expert designations. It is usually the longest and most expensive stage. What discovery is in a business lawsuit covers the tools and the limits, including depositions, the part owners find hardest.

In a Level 3 case the court enters a scheduling order under Rule 190.4 fixing the trial date, the discovery period, and deadlines for adding parties, amending pleadings and designating experts. Many Dallas County courts enter a scheduling order in Level 2 cases as well.

Stage 4: mediation

Texas courts may refer any civil case to mediation under Chapter 154 of the Civil Practice and Remedies Code, and Dallas County civil district courts commonly do so before trial. Mediation is a confidential, nonbinding session with a neutral. It works best when both sides have seen the key documents and the main witnesses have been deposed, so each can price its risk. A settlement reached there is written up and enforced as a contract.

Stage 5: summary judgment

Either party may ask the court to decide a claim or defense without trial. A traditional motion argues there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law; a no-evidence motion, available after adequate time for discovery, argues the other side has no evidence of an essential element. Rule 166a was rewritten effective March 1, 2026: the response is now due 21 days after the motion is filed, the hearing or submission cannot be set within 35 days of filing, and the court must rule within 90 days after the hearing. In Dallas County a general order requires the motion to be filed at least 90 days before the trial setting. Summary judgment in Texas covers the standards.

Stage 6: trial

A party who wants a jury must file a written request and pay the jury fee not less than 30 days before the trial setting (Rule 216); otherwise the judge decides the facts. In a district court jury of twelve, a verdict requires the same ten or more jurors to agree on every answer (Rule 292). After a bench trial a party may request written findings of fact and conclusions of law within 20 days after the judgment is signed (Rule 296). An expedited action is tried in eight hours per side under Rule 169. Jury trial or bench trial weighs the choice.

Stage 7: judgment and after

The court signs a judgment on the verdict or findings. Post-judgment motions, such as a motion for new trial, follow on short deadlines and affect the appellate timetable. A winning plaintiff then collects through abstracts of judgment, writs of execution and garnishment, or post-judgment discovery into the debtor's assets; a losing party may appeal to the court of appeals, in Dallas the Fifth Court of Appeals, or the Fifteenth Court of Appeals for business court cases. Business court judges must issue a written opinion on a dispositive ruling when a party requests one. Collection and appeal are each their own process with their own deadlines.

Where cases actually end

Few commercial cases travel the whole map. Common exits are a settlement after disclosures, a dismissal on an early motion, a settlement at mediation, a summary judgment that disposes of the case or narrows it to a settlement, and a settlement on the eve of trial. A litigator's job is partly to recognize which exit fits the case and to arrive there having spent only what that exit required. Tina Wysk represents Dallas businesses at every stage of this map, in state and federal court and in arbitration.