Asked in Civil Litigation and Civil Rights for Texas

Q: Can a scheduling order, requiring ADR pursuant to rule cv-88, be delayed or deterred if a party files a summary judgment

I have a civil case in federal court. A scheduling order has been issued. ADR was mandated. Neither party conferred. Summary judgement was granted in favor of adverse party 6 months after the ADR was supposed to be held. Can the summary judgement be overriden due to failure to comply with the initial court order to ADR?

1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: It is unlikely the summary judgment will be overridden because the parties failed to participate in ADR.

It might have resulted in postponing a ruling on the motion for summary judgment if it had been properly raised as an issue before the ruling was made. The failure to timely raise the issue probably has resulted in a waiver of that argument.

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