A Motion Defeated by a Calendar, Not a Court: Why Notice Deadlines Matter in TCPA Motions

Why It Matters

The ruling forces litigants to track procedural deadlines anew for each added claim, preventing defendants from leveraging outdated procedural standards to dismiss fresh allegations. It raises the stakes for timely notice compliance, shaping defensive strategies in Texas litigation.

Key Takeaways

• New claims governed by TCPA version in effect when filed
• 21‑day notice mandatory for TCPA dismissal hearings
• Failure to meet notice deadline results in automatic denial
• Amended pleadings can trigger procedural rule changes

Pulse Analysis

The Texas Citizens Participation Act, originally enacted to curb meritless lawsuits that chill free speech, underwent a significant 2019 overhaul that narrowed its scope and tightened procedural safeguards. By redefining the statute’s applicability on a claim‑by‑claim basis, the amendment ensures that any new allegations filed after September 1, 2019 are subject to the newer, stricter requirements. This shift reflects a legislative intent to balance anti‑SLAPP protections with due‑process fairness, especially as cases evolve over years.

In the recent Kotts v. M.A. Mills decision, the appellate court applied the 2019 amendments to fraud and unjust‑enrichment claims added in 2025, despite the underlying lawsuit originating in early 2019. The court’s focus on the 21‑day notice provision—mandated by Tex. Civ. Prac. & Rem. Code § 27.003(d)—highlighted the procedural rigidity of the revised TCPA. Defendants’ ten‑day notice was deemed insufficient, leading to an automatic denial of their motion to dismiss. The ruling demonstrates that the statutory language “shall” is not merely advisory; it is a binding deadline that, if missed, nullifies a party’s procedural advantage.

For practitioners, the decision serves as a cautionary tale. Every amendment to pleadings—whether adding claims, parties, or theories—requires a fresh review of the governing procedural framework. Counsel must institute checklists to verify notice periods, filing deadlines, and applicable statutory versions. Employers and businesses facing TCPA challenges should anticipate that procedural missteps can be as decisive as substantive arguments, prompting a more proactive approach to case management in Texas courts.