Discovery, a pretrial procedure used to obtain information relating to the litigation, generally is the largest cost of civil litigation. By its very nature, discovery also is intrusive and invasive. Many practitioners are quick to dispute discovery requests, slow to produce information requested, and all too-eager to object at every stage of the discovery process.
This article relates to one of the most common types of written discovery—Texas Rule of Civil Procedure 194 disclosure requests, the responses to which are often incomplete and inadequate. Disclosure requests provide inexpensive, basic discovery without the delay relating to objections or work-product assertions. This article discusses (1) the differences between disclosure requests under the federal and Texas discovery rules, (2) the procedure for making disclosure requests under Texas Rule 194, (3) the contents of such requests, (4) proper responses to such requests, and (5) the proper use of responses to such requests.
Because complete and full responses to Texas Rule 194 disclosure requests can greatly lessen the cost and delay inherent in civil litigation and foster the cooperation often absent from it generally and discovery specifically, it is imperative that Texas practitioners understand what information and documents must be disclosed and make such disclosures fully and completely.
St. Mary's University School of Law
Katherine Spiser Rios
Robert K. Wise & Kennon L. Wooten,
The Practitioner’s Guide to Properly Responding to Requests for Disclosure Under the Texas Discovery Rules,
St. Mary's L.J.
Available at: https://commons.stmarytx.edu/thestmaryslawjournal/vol50/iss2/3