Texas Civil Practice and Remedies Code

§ 74.353 — PRELIMINARY DETERMINATION FOR EXPERT REPORT REQUIREMENT

CP § 74.353Title 4. LIABILITY IN TORT · Ch. 74. MEDICAL LIABILITY · Art. H. PROCEDURAL PROVISIONS

Statute text

(a)On motion of a claimant filed not later than 30 days after the date each defendant's original answer is filed, a court may issue a preliminary determination regarding whether a claim made by the claimant is a health care liability claim for the purposes of Section 74.351.

(b)If a court determines under Subsection (a) or (c) that a claim is a health care liability claim for purposes of Section 74.351, the claimant shall serve an expert report as required by Section 74.351 not later than the later of:

(1)120 days after the date each defendant's original answer is filed;

(2)60 days after the date the court issues the preliminary determination under Subsection (a) or (c); or

(3)a date agreed to in writing by the affected parties.

(c)If a court does not issue a preliminary determination under Subsection (a) before the 91st day after the date that a claimant files a motion under that subsection, the court shall issue a preliminary determination that the claim is a health care liability claim for the purposes of Section 74.351.

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Legislative history

Added by Acts 2021, 87th Leg., R.S., Ch. 167 (S.B. 232), Sec. 3, eff. September 1, 2021.