Discovery - Investigate & Prepare for Trial

What is discovery?
Discovery is the legal process that allows
each side of a lawsuit to ask the other side
for information that is related to the case.
During discovery, both parties are
required to show the other side evidence
they plan to use during trial. The discovery
process is meant to encourage parties to
settle their disputes before court, help
each side prepare their case based on fair
access to information, and prevent unfair
surprise in court.

Can I really get any information I

want through discovery?
The discovery process is governed by the
Texas Rules of Civil Procedure. These rules
say that parties to a case are entitled to
any information that is relevant to the
case as long as it is not privileged
information. Discovery rules are meant to
give fairly broad access to information.
If you are going through the discovery
process on your own you should study the
legal terms relevance and privilege
until you understand them very well.
These words represent legal concepts that
may be argued during the discovery
process.
Getting the information you feel like you
need or protecting the private information
you do not want to share, may depend on
how well you can argue the relevance,
irrelevance, privilege and non-privileged
nature of the information to a judge.

How long do I have to complete

discovery?
The discovery period depends on what
type of discovery plan your case falls

Texas Partnership for Legal Access

Written and Produced 5/14/2015
TexasLawHelp.org

under. For example for Level 2 discovery,

the most common type, discovery begins
when the suit is filed and continues until
30 days before the trial is set, in family
law cases. 1

Do I need to file my discovery

requests with the clerk?
Generally, you do not need to file your
discovery requests with the clerk
unless you are serving them on people
who are not parties to the case.2
However, you will be required to sign
your requests to certify that you have
studied the rules of civil procedure and
are making your requests according to
those rules. Your signature also
certifies that you are not making the
request for any improper purpose such
as harassment, delaying litigation or
unreasonably burdening the other
side.
What if someone doesnt comply
with a discovery request?
Abuse of the discovery process, either by
asking for more than what you are entitled
to or refusing to cooperate with requestscan result in sanctions from the court. For
more information on what qualifies as
abuse, please read the Texas Rules of
Civil Procedure 215.

For a more information on

discovery go to your local law
library and look for handbooks
1 Texas Rules of Civil Procedure
190.3(b)(1)(A)
2 Texas Rules of Civil Procedure 191.4

and practice manuals on Texas

discovery or containing
sections on discovery.
For example OConnors Texas
Rules - Civil Trials is a good
handbook to refer too.

Texas Partnership for Legal Access

Written and Produced 5/14/2015
TexasLawHelp.org

If you are going through discovery

consider contacting a private
attorney for limited scope
representation to help you through
this process.

Types of Discovery

Requests for Admissions allow the party to ask the other side to admit or
deny facts that relate to the case. Requests for Admission must be in writing,
and each request has to be listed separately in the document. Generally,
these requests cannot ask the other side to admit something that is a pure
conclusion of law. If one side is unable or has an objection to answering the
questions, he or she must explain why. For more information about other
rules that apply to this type of discovery, read Rule 198.

Requests for Disclosure ask for basic information about the party and the
allegations or contentions that the party is making. Examples include: the
legal name of the parties to the lawsuit, the legal theories and factual basis
for the partys claims or defense, the names and contact information of
people with relevant information about the case. For more information about
other rules that apply to this type of discovery, read Rule 194.

Request for Production, Inspection or Entry are requests to produce or

allow examination of physical things such as documents, electronic files,
emails, text messages, photographs, personal or real property that the other
side has control of. This type of request must specify a reasonable time and
place for the item to be produced. For more information about other rules
that apply to this type of discovery, read Rule 196.

Interrogatories are written questions between parties. The party who

receives the interrogatories is required to respond in writing, under oath.
Under Level 2 discovery, each side is only allowed 25 written interrogatories
that ask more than identifying information about a document. Additionally,
the responding party may respond by telling the other side where the
information can be found in public records instead of answering the question
directly. For more information about other rules that apply to this type of
discovery, read Rule 197.

Depositions are interviews that can be conducted either orally (in person or
by telephone) or in writing. Depositions do not have to be only between
parties to the case, but can also be taken from witnesses with information
about the case. Depositions are subject to many rules including: notice
requirements, scope of questioning, location and time limits. You should read
these rules carefully before attempting to conduct a deposition. For more

information about other rules that apply to this type of discovery, read Rules
199-203.

Mental or Physical Examinations are not very common and generally

require a court order showing that the judge believes the examination is
legally appropriate based on the facts of the case. After the motion is filed,
the person to be examined and all parties to the case must be formally
served with notice of the hearing that will determine whether or not the order
is granted. If granted, the order must be in writing and specify a time, place,
manner, conditions and scope of the examinations. For more information
about other rules that apply to this type of discovery, read Rule 204.