Approximately $ 1,589.00 v. State

In Approximately $ 1,589.00 v. State, 230 S.W.3d 871, 873 (Tex. App.--Houston 14th Dist. 2007, no pet.), the trial court refused to hear a motion to strike deemed admissions based on local filing rules similar to those at issue in the present case. Id. at 872-73. The Court held that Rule 3a(2) absolutely prohibits application of a local rule that alters a time period set forth in the Texas Rules of Civil Procedure. Id. at 874. The Court also held that under the circumstances, Rule 3a(6) precluded the trial court's application of the local rules. Id. Rule 3a(6) provides that "no local rule, order, or practice of any court, other than local rules and amendments which fully comply with all requirements of this Rule 3a, shall ever be applied to determine the merits of any matter." See TEX. R. CIV. P. 3a(6). The Court held that because the deemed admissions were merits-preclusive, the trial court had effectively applied a "local rule" or "practice" which did not fully comply with Rule 3a to determine the merits of the case. See Approximately $ 1,589.00, 230 S.W.3d at 874.