Old Republic Insurance Co. v. Wuensche

OPINION

KELTNER, Justice.

The issue in this worker’s compensation case is whether TEX.R.CIV.P. 93’s “not less than seven days before ... trial,” time period is absolute or is subject to the provisions of TEX.R.CIV.P. 4. We hold that Rule 93’s time restraint is absolute and, as a result, we affirm the judgment of the trial court.

Rule 93(13) governs the use of verified denials in appeals from the Texas Industrial Accident Board (IAB). The rule provides that certain denials of fact must be verified by affidavit. To be effective, the verified affidavit must be filed “not less than seven days before…