Tex.
Civ. Practice & Remedies Code Section 90.006
Serving Reports
(a)
In an action filed on or after the date this chapter becomes law, a report prescribed by Section 90.003 (Reports Required for Claims Involving Asbestos-related Injury) or 90.004 (Reports Required for Claims Involving Silica-related Injury) must be served on each defendant not later than the 30th day after the date that defendant answers or otherwise enters an appearance in the action.(b)
In an action pending on the date this chapter becomes law and in which the trial, or any new trial or retrial following motion, appeal, or otherwise, commences on or before the 90th day after the date this chapter becomes law, a claimant is not required to serve a report on any defendant unless a mistrial, new trial, or retrial is subsequently granted or ordered.(c)
In an action pending on the date this chapter becomes law and in which the trial, or any new trial or retrial following motion, appeal, or otherwise, commences after the 90th day after the date this chapter becomes law, a report must be served on each defendant on or before the earlier of the following dates:(1)
the 60th day before trial commences; or(2)
the 180th day after the date this chapter becomes law.(b)
A claimant may file a response to a motion to dismiss on or before the 15th day after the date the motion to dismiss is served. A report required by Section 90.003 (Reports Required for Claims Involving Asbestos-related Injury) or 90.004 (Reports Required for Claims Involving Silica-related Injury) may be filed, amended, or supplemented within the time required for responding to a motion to dismiss. The service of an amended or supplemental report does not require the filing of an additional motion to dismiss if the reasons stated in the original motion to dismiss are sufficient to require dismissal under this chapter.(c)
Except as provided by Section 90.010 (Multidistrict Litigation Proceedings)(d) or (e), if the court is of the opinion that a motion to dismiss is meritorious, the court shall, by written order, grant the motion and dismiss all of the claimant’s asbestos-related claims or silica-related claims, as appropriate, against the defendant. A dismissal under this section is without prejudice to the claimant’s right, if any, to assert claims for an asbestos-related injury or a silica-related injury in a subsequent action.(d)
On the filing of a motion to dismiss under this section, all further proceedings in the action are stayed until the motion is heard and determined by the court.(e)
On the motion of a party showing good cause, the court may shorten or extend the time limits provided in this section for filing or serving motions, responses, or reports.
Source:
Section 90.006 — Serving Reports, https://statutes.capitol.texas.gov/Docs/CP/htm/CP.90.htm#90.006 (accessed Apr. 20, 2024).
