This blog post is the first in a new series from Ex Libris Juris highlighting common topics in civil procedure (Civ Pro). The majority of those who use the services here at the Harris County Robert W. Hainsworth Law Library are self-represented litigants. When you are representing yourself in a lawsuit, you are acting as your own lawyer, and the judge will expect you to follow the procedure as a lawyer would. This series is meant to provide general information and further resources to help you prepare to represent yourself in a civil lawsuit in Harris County.
In Texas, there are three basic phases of a civil lawsuit: Pretrial, Trial, and Post-Trial. One of the most important parts of Pretrial preparation is Discovery.
What is discovery?
From TexasLawHelp.org: “Discovery is the legal process that lets each side of a lawsuit ask the other side for information that is related to the case. During discovery, both parties must show the other side evidence they plan to use during trial.”
The discovery process is governed by Section 9 of the Texas Rules of Civil Procedure. This section outlines the different “levels” of discovery (Level 1, 2, or 3) and their requirements. When filing a petition for any case or cause, the petitioner will indicate which level of discovery will be used for the case. Level 2 is the most commonly used level of discovery for civil cases.
What kinds of cases require discovery?
Rule 190.1 of the Texas Rules of Civil Procedure reads: “Every case must be governed by a discovery control plan as provided in this Rule. A plaintiff must allege in the first numbered paragraph of the original petition whether discovery is intended to be conducted under Level 1, 2, or 3 of this Rule.”
What is the discovery period?
The discovery period is the period during which all discovery must be conducted, or all discovery requests must be submitted for the entire case or for an appropriate phase of the case. Depending on the level of discovery to be conducted under the discovery control plan, the length of the discovery period varies. The discovery period typically begins with the date the first initial disclosures are due.
Discovery types
Requests for Disclosure and Initial Disclosures
“Requests for disclosure” will no longer be utilized in new lawsuits starting January 1, 2021. But certain disclosures will still be required in every case automatically; these are called “Initial” or required disclosures. You can read more about the recent changes to the Texas Rules of Civil Procedure in this past Ex Libris Juris blog post.
The required initial disclosures for all cases are defined in Rule 194.2 of the Texas Rules of Civil Procedure. The following forms from TexasLawHelp.org may be used to provide required initial disclosures for common civil cases:
Pretrial Disclosures
From TexasLawHelp.org: “At the end of the discovery period and at least 30 days before trial the parties are required to exchange information about evidence and witnesses they will be offering at trial. These are called pretrial disclosures. The complete list of pretrial disclosures [is] contained in Texas Rule of Civil Procedure 194.4.” Pretrial disclosures differ from other types of disclosures in that they must be filed with the court and served formally to the other parties in the case.
Waiving initial disclosures
In some cases, you may be able to waive the initial disclosures requirement. Typically, this is achieved through agreement from both parties in the case. The most common types of agreements in civil cases are settlement agreements and Rule 11 agreements. Check back soon for another Civ Pro blog post on agreements in civil cases.
Types of discovery requests
The following are examples of the kinds of discovery requests that are permissible in civil lawsuits. Check the corresponding rule in the Texas Rules of Civil Procedure for more information.
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Requests for Admissions (Rule 198)
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Request for Production, Inspection, or Entry (Rule 196)
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Interrogatories (Rule 197)
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Depositions (Rules 199 through 203)
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Mental or physical examinations (Rule 204)
What do I do with discovery requests? Do I file them with the clerk? What about a response to a discovery request?
You are not required to file discovery requests or responses to discovery requests with the clerk. However, you are required to prove that you have notified the other party of the request or response by serving them informally. In most cases, this can be done by email, mail, or in person.
Where to find more information
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Discovery in Texas: Investigate and Prepare for Trial – Texas Law Help
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Required Initial Disclosures in Texas Civil Cases – Texas Law Help
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Discovery in Justice Court – Presentation on discovery for cases in Justice Court.
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Texas Code of Criminal Procedure Ch. 39 – Depositions and Discovery – This chapter from the Code of Criminal Procedure outlines the requirements for discovery in criminal trials in Texas.
Books at the library
The Harris County Robert W. Hainsworth Law Library is open to the public by appointment. Visit us in-person to continue your research on discovery using our print resources. The following titles on discovery are available at the library, and those in bold are available to borrow as eBooks by signing up for an account with Lexis Digital Library.
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Bender’s Forms on Discovery
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Discovery Problems and Their Solutions
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e-Discovery for Everyone
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eDiscovery & Digital Evidence
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Effective Depositions
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Electronic Discovery and Digital Evidence in a Nutshell
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Electronic Discovery for Small Cases
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Electronic Evidence for Family Law Attorneys
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Essays on Procedure and Evidence
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Essentials of e-Discovery
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Evidence & Discovery Bootcamp
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Facebook in One Hour for Lawyers
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Guerrilla Discovery
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Guide to the Texas Rules of Evidence
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Handbook on Texas Discovery Practice
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Legal Ethics and Social Media: A Practitioner’s Handbook
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Texas Courtroom Evidence
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Texas Depositions
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Texas Discovery
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Texas Discovery: A Guide
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Texas Evidence
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Texas Perspectives on e-Discovery
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Texas Rules of Evidence Handbook
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Texas Rules of Evidence Manual
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Texas Practice Guide: Discovery
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Texas Practice: Handbook on Texas Discovery Practice
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Texas Practice Guide: Evidence
from Texas Bar Today https://ift.tt/vXljUPx
via Abogado Aly Website
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