What Is the 120-Day Deadline for a Trucking Company to Bifurcate a Trial Under Texas HB 19? (CPRC § 72.052)
Direct Answer Under Texas Law
Under Texas Civil Practice and Remedies Code § 72.052(b) (House Bill 19), a commercial motor vehicle defendant seeking a bifurcated two-phase trial must file its motion to bifurcate (and its written employer stipulation of course and scope under § 72.054(b)) on or before the LATER of: (1) the 120th day after the date the defendant bringing the motion files its original answer, or (2) the 30th day after the date a claimant files a pleading adding a claim or cause of action against the defendant.
Critical Texas Procedural Trap to Watch Out For
If defense counsel misses the 120-day statutory window after filing the Original Answer (and the plaintiff does not amend the petition to add new causes of action that would reset the 30-day window under § 72.052(b)(2)), the trucking company WAIVES its right to mandatory Chapter 72 trial bifurcation!
Recommended Action Plan for Texas Claimants
Draft your Original Petition comprehensively on Day 1 (including all direct corporate negligence and gross negligence counts) so you never need to add a new cause of action after the 120th day that would give a tardy trucking defendant a fresh 30-day bifurcation window.
Detailed Texas Statutory & Case Law Breakdown
Under Tex. Civ. Prac. & Rem. Code §§ 72.052(b), 72.054(a) and controlling Texas appellate precedent in CPRC Chapter 72 Mandatory Bifurcation Deadlines (Effective Sept. 1, 2021), Texas trial and appellate courts apply strict statutory rules to this exact issue. Unlike generic multi-state legal summaries, Texas tort procedure under the Civil Practice and Remedies Code (CPRC), Insurance Code, Transportation Code, and Labor Code enforces specific statutory formulas—including the 51% proportionate responsibility bar (CPRC § 33.001), paid-or-incurred medical expense admissibility (CPRC § 41.0105 / Haygood), and mandatory statutory lien caps (Prop. Code Ch. 55 & Ins. Code Ch. 140).
Step-by-Step Texas Procedural Checklist
- Verify the exact statutory text of Tex. Civ. Prac. & Rem. Code §§ 72.052(b), 72.054(a) and how Texas courts apply CPRC Chapter 72 Mandatory Bifurcation Deadlines (Effective Sept. 1, 2021) in your county's appellate district.
- Beware of the Texas Procedural Trap: If defense counsel misses the 120-day statutory window after filing the Original Answer (and the plaintiff does not amend the petition to add new causes of action that would reset the 30-day window under § 72.052(b)(2)), the trucking company WAIVES its right to mandatory Chapter 72 trial bifurcation!
- Execute the Texas Action Plan: Draft your Original Petition comprehensively on Day 1 (including all direct corporate negligence and gross negligence counts) so you never need to add a new cause of action after the 120th day that would give a tardy trucking defendant a fresh 30-day bifurcation window.
- Preserve all physical, electronic, and medical billing records early so your CPRC § 18.001 affidavits and TRCP 194.2 Initial Disclosures are complete.
Frequently Asked Questions Under Texas Law
What Is the 120-Day Deadline for a Trucking Company to Bifurcate a Trial Under Texas HB 19? (CPRC § 72.052)
Under Texas Civil Practice and Remedies Code § 72.052(b) (House Bill 19), a commercial motor vehicle defendant seeking a bifurcated two-phase trial must file its motion to bifurcate (and its written employer stipulation of course and scope under § 72.054(b)) on or before the LATER of: (1) the 120th day after the date the defendant bringing the motion files its original answer, or (2) the 30th day after the date a claimant files a pleading adding a claim or cause of action against the defendant. Key Texas Trap to Avoid: If defense counsel misses the 120-day statutory window after filing the Original Answer (and the plaintiff does not amend the petition to add new causes of action that would reset the 30-day window under § 72.052(b)(2)), the trucking company WAIVES its right to mandatory Chapter 72 trial bifurcation!
What Texas statute and Supreme Court / appellate precedent control 120-day hb 19 trucking bifurcation deadline?
This question is governed in Texas by Tex. Civ. Prac. & Rem. Code §§ 72.052(b), 72.054(a) and the legal standards articulated in CPRC Chapter 72 Mandatory Bifurcation Deadlines (Effective Sept. 1, 2021). Recommended step: Draft your Original Petition comprehensively on Day 1 (including all direct corporate negligence and gross negligence counts) so you never need to add a new cause of action after the 120th day that would give a tardy trucking defendant a fresh 30-day bifurcation window.
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