TCPA + TRCP 202 = Untimely

A deadline issue, based on the interplay of Tex. R. Civ. P. 202 and the TCPA, was resolved against the timeliness of a TCPA motion in In re Petition of Oak Creek Investments:

Rule 202 ensures that the persons to be deposed have at least 15 days’ notice of the hearing, served “in accordance with Rule 21a.” See id. But the rule does not condition effective service on the inclusion of a hearing date in the petition. We conclude that appellants’ TCPA motion, filed more than 60 days after service of appellees’ Rule 202 petition, was untimely.

No. 05-22-00477-CV (Jan. 6, 2013) (mem. op.).