When a business is owed money, or a contract deal goes bad, one of the first questions I hear is simple: what will it cost to fight this? Too often the answer is that a full lawsuit costs so much it eats into whatever you recover. On October 2, 2026, the Supreme Court of Texas made a change that puts more of these disputes on a faster, less expensive track to trial.
What Changed
The Court gave final approval to amendments to Texas Rules of Civil Procedure 47 and 169, effective immediately. The amendments implement changes to section 22.004(h-1) of the Texas Government Code.
- Rule 169 (expedited actions): The expedited process now applies when every claimant, other than a counter-claimant, pleads that it seeks only money damages of $325,000 or less. The old limit was $250,000.
- Recovery cap: A party who sues under Rule 169 cannot recover a judgment over $325,000. Interest, statutory or punitive damages and penalties, attorney's fees, and costs are not counted toward that cap.
- Rule 47 (petitions): The damage categories a plaintiff must state in a petition now use $325,000 in place of $250,000. This part does not apply to suits under the Family Code.
How the Expedited Track Works
An expedited case moves under tighter rules designed to hold down cost and delay:
- Limited discovery. The discovery period runs 180 days after the first discovery request is served. Each party may serve up to 15 interrogatories, 15 requests for production, and 15 requests for admission, and has 20 total hours for depositions.
- A quick trial date. On request, the court must set trial within 90 days after discovery closes, and it may grant no more than two continuances totaling 60 days.
- A short trial. Each side gets eight hours to pick a jury, give opening statements, present evidence, examine witnesses, and close. The court may extend that to twelve hours for good cause.
- Limited mediation. Unless the parties agree otherwise, the court may refer the case to mediation or another settlement process only once, for no more than a half day, at a cost of no more than twice the civil filing fees.
- Fewer side fights. Challenges to a witness's professional opinions are generally limited to objections at summary judgment or at trial.
Who This Helps
Think of a subcontractor owed $300,000 on a job, a small business with an unpaid invoice dispute, or a buyer who paid for equipment that never showed up. Under the old limit, a $300,000 claim did not fit the expedited track. The owner either had to give up $50,000 of the claim or take on the cost and time of full discovery. Now that claim fits.
The Trade-Off to Think About
The recovery cap is real. If you file under Rule 169 and the case turns out to be worth more than $325,000, you cannot recover the difference in damages. A court can remove a case from the expedited track for good cause, or when a claimant amends to seek more, but late amendments require the court's permission. Before you file, it pays to take an honest look at what the claim is worth.
What This Means for You
- If you are owed money, ask whether your claim fits under $325,000 and whether a faster, cheaper trial is worth the cap.
- If you are sued for $325,000 or less, expect a shorter timeline. Do not sit on the papers.
- If you already have a case on file, the order says the change is effective immediately but does not spell out how it applies to pending suits. Talk with your lawyer about whether it affects you.
If you are facing a contract dispute or a claim against your business, contact the Law Offices of M. Cody Moore at (281) 241-7161. I will walk through your options with you and help you decide which path makes sense.
This post provides general information and is not legal advice. Reading it does not create an attorney-client relationship.

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