Appellate / 1 min read
Plaintiffs often seek quick trials and judgments by unilaterally setting expedited trial dates. Understanding your due process rights as a defendant is critical to protecting your ability to mount an effective defense.
The Mandatory 45-Day Rule
Texas Rule of Civil Procedure 245 requires "reasonable notice of not less than forty-five days" for a first trial setting in contested cases. This mandatory requirement protects your constitutional right to due process.
Why Plaintiffs Push for Quick Settings
Plaintiffs frequently attempt expedited trials to obtain judgments before defendants can develop defenses, capitalize on incomplete discovery, pressure settlements, or prevent defendants from retaining experts.
Protect Your Rights – This Is Reversible Error
When you receive trial notice less than 45 days before trial, consider filing a motion for continuance immediately. The Texas Supreme Court has recently made clear that "[f]ailure to provide notice of a trial setting to a party who has appeared in the case violates basic principles of due process, warranting a new trial." Wade v. Valdetaro, 696 S.W.3d 673, 675-76 (Tex. 2024). In other words, proceeding to trial without proper notice may constitute reversible error.
While Wade suggests that raising an "improper notice" objection at trial may preserve the issue for appeal, filing a motion for continuance is likely the safest approach because such a motion clarifies and preserves the record.
Whether you file a written motion or raise the objection orally, be sure to detail the exact notice period provided (or lack thereof), reference the mandatory 45-day rule, and describe the prejudice you'll suffer such as your inability to conduct discovery, retain experts, prepare witnesses, and/or gather evidence.
The Bottom Line
Never accept an improper trial setting through silence. Protecting your preparation time preserves your ability to present a complete defense and ensures the case is decided on the merits, not procedural gamesmanship.