Texas Justices Rule Late Filings Admissible if Handled Properly

A Texas trial court wrongly rejected a brief in an injury case that came in a day late due to a calendaring mistake, the Texas Supreme Court said in an opinion Friday.

The tardy response reveals “a lack of intentional or consciously indifferent conduct,” the court said, adding that because the filing arrived close to the deadline it didn’t prejudice the opposing party.

“The court recognized that our clients’ late filing resulted from a simple calendaring mistake, not willful disregard for the legal process,” Chad Baruch of Johnston Tobey Baruch PC said in a news release that called the decision ...