The Texas matter lifecycle
Texas has ordering rules that waive rights if you get them wrong. The lifecycle machine encodes them so the illegal move can't be sequenced — the due-order gate, the motion architecture, and the plenary-power window.
The due-order gate — the special appearance comes FIRST
Tex. R. Civ. P. 120a
A special appearance must be filed prior to a motion to transfer venue or any other plea, pleading, or motion — strict due-order-of-pleadings. Filing anything else first is a GENERAL appearance and waives the jurisdictional challenge.
The lifecycle machine refuses to sequence ANY responsive filing ahead of a contemplated special appearance — the waiver is unrepresentable, not merely warned about.
The motion architecture — no FL-style MTD
Special exceptions (Tex. R. Civ. P. 90, 91): The traditional attack on pleading defects — point out the defect specifically; the remedy is repleader, and dismissal comes only after refusal to amend.
Rule 91a (Tex. R. Civ. P. 91a): Dismissal of BASELESS causes of action — no basis in law or fact on the face of the pleading. Family Code cases excepted by the rule's own text. Fee-shifting rides the rule: the court may award the prevailing party its costs and fees.
The DWOP / reinstatement lifecycle
- 1. Exposure Tex. R. Civ. P. 165a(1)-(2)
- 2. Notice + oral hearing before dismissal Tex. R. Civ. P. 165a(1)
- 3. VERIFIED motion to reinstate ≤ 30 days Tex. R. Civ. P. 165a(3)