Discovery: what each side must share

Tex. R. Civ. P. 190 — Discovery Limitations

Held word for word in the DocketRouter rules corpus; this is the rule's own text, not a summary.

787 S.W.2d 938 (Tex. 1990), does not apply. 3. “Discrete subparts” of interrogatories are counted as single interrogatories, but not every separate factual inquiry is a discrete subpart. See Fed. R. Civ. P. 33(a). While not susceptible of precise definition, see Braden v. Downey, 811 S.W.2d 922, 972-928 (Tex. 1991), a “discrete subpart” is, in general, one that calls for information that is not logically or factually related to the primary interrogatory. The number of sets of interrogatories is no longer limited to two. 4. As other rules make clear, unless otherwise ordered or agreed, parties seeking discovery must serve requests sufficiently far in advance of the end of the discovery period that the deadline for responding will be within the discovery period. The court may order a deadline for sending discovery requests in lieu of or in addition to a deadline for completing discovery. 5. Use of forms of discovery other than depositions and interrogatories, such as requests for disclosure, admissions, or production of documents, are not restricted in Levels 1 and 2. But depositions on written questions cannot be used to circumvent the limits on interrogatories. 6. The concept of “side” in Rule 190.3(b)(2) borrows from Rule 233, which governs the allocation of peremptory strikes, and from Fed. R. Civ. P. 30(a)(2). In most cases there are only two sides – plain…

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Tex. R. Civ. P. 190 — Discovery Limitations

Held word for word in the DocketRouter rules corpus; this is the rule's own text, not a summary.

interrogatories, excluding interrogatories asking a party only to identify or authenticate specific documents. Each discrete subpart of an interrogatory is considered a separate interrogatory. (4) Requests for Production. Any party may serve on any other party no more than 15 written requests for production. Each discrete subpart of a request for production is considered a separate request for production. (5) Requests for Admissions. Any party may serve on any other party no more than 15 written requests for admissions. Each discrete subpart of a request for admission is considered a separate request for admission. (c) Reopening Discovery. If a suit is removed from the expedited actions process in Rule 169 or, in a divorce, the filing of a pleading renders this subdivision no longer applicable, the discovery period reopens, and discovery must be completed within the limitations provided in Rules 190.3 or 190.4, whichever is applicable. Any person previously deposed may be redeposed. On motion of any party, the court should continue the trial date if necessary to permit completion of discovery. 190.3 Discovery Control Plan - By Rule (Level 2) (a) Application. Unless a suit is governed by a discovery control plan under Rules 190.2 or 190.4, discovery must be conducted in accordance with this subdivision. (b) Limitations. Discovery is subject to the limitations provide…

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Tex. R. Civ. P. 192 — Permissible Discovery: Forms And Scope; Work Product;

Held word for word in the DocketRouter rules corpus; this is the rule's own text, not a summary.

PROTECTIVE ORDERS; DEFINITIONS 192.1 Forms of Discovery. Permissible forms of discovery are: (a) except in a suit governed by the Family Code, required disclosures; (b) in a suit governed by the Family Code, requests for disclosure; (c) requests for production and inspection of documents and tangible things; (d) requests and motions for entry upon and examination of real property; (e) interrogatories to a party; (f) requests for admission; (g) oral or written depositions; and (h) motions for mental or physical examinations. 192.2 Timing and Sequence of Discovery. (a) Timing. (1) In a suit not governed by the Family Code, unless otherwise agreed to by the parties or ordered by the court, a party cannot serve discovery on another party until after the other party’s initial disclosures are due. (2) In a suit governed by the Family Code, a party may serve discovery with the initial pleading. (b) Sequence. The permissible forms of discovery may be combined in the same document and may be taken in any order or sequence. 192.3 Scope of Discovery. (a) Generally. In general, a party may obtain discovery regarding any matter that is not privileged and is relevant to the subject matter of the pending action, whether it relates to the claim or defense of the party seeking discovery or the claim or defense of any other party. It is not a ground for objection…

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Tex. R. Civ. P. 192 — Permissible Discovery: Forms And Scope; Work Product;

Held word for word in the DocketRouter rules corpus; this is the rule's own text, not a summary.

(1) the requested discovery not be sought in whole or in part; (2) the extent or subject matter of discovery be limited; (3) the discovery not be undertaken at the time or place specified; (4) the discovery be undertaken only by such method or upon such terms and conditions or at the time and place directed by the court; (5) the results of discovery be sealed or otherwise protected, subject to the provisions of Rule 76a. 192.7 Definitions. As used in these rules: (a) Written discovery means required disclosures, requests for disclosure in suits governed by the Family Code, requests for production and inspection of documents and tangible things, requests for entry onto property, interrogatories, and requests for admission. (b) Possession, custody, or control of an item means that the person either has physical possession of the item or has a right to possession of the item that is equal or superior to the person who has physical possession of the item. (c) A testifying expert is an expert who may be called to testify as an expert witness at trial. (d) A consulting expert is an expert who has been consulted, retained, or specially employed by a party in anticipation of litigation or in preparation for trial, but who is not a testifying expert. Notes and Comments Comment to 1999 change: 1. While the scope of discovery is quite broad, it is neve…

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