Chapter 1: Introduction
Chapter 2: Discovery’s Purpose and Discovery Control Plans and Limitations—Texas Rule 190
2-1 TEXT OF RULE 190
2-2 DISCOVERY’S PURPOSE
2-3 DISCOVERY-CONTROL PLANS
2-3:1 Level 1 Discovery-Control Plans
2-3:2 Level 2 Discovery-Control Plans
2-3:3 Level 3 Discovery-Control Plans
2-3:4 Choosing and Moving the Discovery Level and Modifying the Discovery-Control Plan
Chapter 3: Modifying Discovery Procedures; Conference Requirements; Signing Written-Discovery Requests; Responses and Objections; and Filing Requirements—Texas Rule 191
3-1 TEXT OF RULE 191
3-2 MODIFICATION: IN GENERAL
3-2:1 Modification by Parties
3-2:2 Modification by Court
3-3 CONFERENCE AND COOPERATION REQUIREMENTS
3-3:1 Consequences of Not Including a Certificate of Conference
3-3:2 Assessing Effort to Resolve Discovery Disputes
3-3:3 Consequences of Not Making a Reasonable Effort to Resolve Discovery Disputes
3-4 SIGNING AND CERTIFICATION REQUIREMENTS
3-5 FILING DISCOVERY MATERIALS
3-6 SERVICE OF DISCOVERY MATERIALS
Chapter 4: Permissible Discovery; Forms, Sequence and Scope of Discovery; and Protective Orders—Texas Rule 192
4-1 TEXT OF RULE 192
4-2 DISCOVERY TYPES AND SEQUENCE
4-3 DISCOVERY’S SCOPE
4-3:1 In General
4-3:2 Trial Witnesses
4-3:3 Income Tax Returns
4-3:4 Financial Information, Bank Records, Net-Worth Information
4-3:5 Impeachment Information
4-3:6 Discoverable Information Need Not Be Admissible at Trial
4-4 WORK PRODUCT
4-4:1 History of Work-Product Doctrine
4-4:2 Definition and Protection of “Work Product” under Work-Product Privilege
4-4:3 Exceptions to Work-Product Privilege
4-5 PROTECTIVE ORDERS
Chapter 5: Written Discovery: Response, Objection, Privilege Assertion; Amending or Supplementing Responses; Failure to Timely Respond; Presumption of Authenticity—Texas Rule 193
5-1 TEXT OF RULE 193
5-2 RESPONSES TO WRITTEN-DISCOVERY REQUESTS
5-2:1 Reasonable Inquiry with Respect to Disclosures, Interrogatories, and Requests for Admission
5-2:2 Reasonable Inquiry With Respect to Production Requests
5-3 OBJECTIONS TO WRITTEN-DISCOVERY REQUESTS IN GENERAL
5-3:1 Proper and Improper Objections to Written-Discovery Requests
5-3:2 General and Subject-to Objections are Improper
5-3:3 Boilerplate Objections are Improper
5-3:4 Disproportionality Objections Are Proper
5-4 PRIVILEGE OBJECTIONS AND ASSERTIONS
5-4:1 In General
5-4:2 Exemption for Litigation Material
5-4:3 Inadvertent Production
5-5 HEARINGS AND RULINGS ON PRIVILEGE OBJECTIONS AND ASSERTIONS
5-6 AMENDMENT AND SUPPLEMENTATION
5-7 CONSEQUENCES OF FAILING TO TIMELY RESPOND, AMEND, OR SUPPLEMENT
5-8 PRESUMPTION OF AUTHENTICITY
Chapter 6: Requests for Disclosure–Texas Rule 194
6-1 TEXT OF RULE 194
6-2 REQUESTS FOR DISCLOSURE IN GENERAL
6-3 PROCEDURE
6-3:1 Form of Disclosure Requests
6-3:2 Time for Serving Disclosure Requests
6-3:3 Contents of a Disclosure Request
6-3:4 Responding to Disclosure Requests
Chapter 7: Expert Discovery—Texas Rule 195
7-1 TEXT OF TEXAS RULE 195
7-2 EXPERT DISCOVERY IN GENERAL
7-3 TYPES OF EXPERTS
7-4 DISCOVERY CONCERNING TESTIFYING EXPERTS
7-4:1 Expert-Disclosure Requests and Designating Experts
7-4:2 Depositions of Testifying Experts
7-4:3 Expert Reports of Testifying Experts
7-4:4 Inadvertent Disclosure of Privilege Materials to Testifying Experts
7-4:5 Discovery of an Expert’s Bias
7-4:6 Amending and Supplementing Testifying Expert Discovery
7-5 DISCOVERY CONCERNING CONSULTING EXPERTS
Chapter 8: Production Requests–Texas Rule 196
8-1 TEXT OF RULE 196
8-2 PRODUCTION REQUESTS IN GENERAL
8-3 NUMBER OF PRODUCTION REQUESTS
8-4 RESPONDING TO PRODUCTION REQUESTS
8-4:1 In General
8-4:2 Motion for Protective Order
8-4:3 Production or Inspection
8-5 OBJECTIONS
8-5:1 General, Subject-to, and Boilerplate Objections
8-5:2 Proportionality
8-5:3 Privilege
8-5:4 Scope Objections: Relevance and not Reasonably Calculated to Lead to the Discovery of Admissible Evidence
8-5:5 Overbreadth
8-5:6 Undue Burden or Unnecessary Expense
8-5:7 Vagueness, Ambiguity, or Lack of Specificity
8-5:8 Unreasonably Cumulative or Duplicative
8-5:9 Expert Opinion
8-5:10 Marshalling Evidence
8-5:11 Supernumerary Objections
8-5:12 The Requested Information or Material is in the Requesting Party’s or a Nonparty’s Possession
8-5:13 Fishing Expedition
8-5:14 The Responding Party’s Failure to Provide Discovery
8-5:15 Harassment
8-5:16 Invasion of Protected Rights
8-5:17 A Claim’s or Defense’s Invalidity
8-5:18 Confidentiality
8-6 ELECTRONIC DISCOVERY
8-6:1 Electronic Discovery Procedure
8-6:2 Parties’ Responsibility to Confer
8-6:3 Requests for Electronic Discovery
8-6:4 Responding to Requests for Electronic Discovery
8-6:5 Proportionality Inquiry and Case-by-Case Balancing Test
8-6:6 Objections and Hearing on Requests for Production of ESI
8-6:7 Access to Electronic-Storage Devices
8-6:8 Availability of Mandamus
8-7 REQUEST OR MOTION FOR ENTRY ON PROPERTY
8-7:1 The Request and Motion or Notice
8-7:2 The Scope of a Request for Entry on a Party’s Property
8-7:3 The Scope of an Order for Entry on a Nonparty’s Property
8-7:4 Response to a Request or Motion and Notice
Chapter 9: Interrogatories–Texas Rule 197
9-1 TEXT OF RULE 197
9-2 INTERROGATORIES IN GENERAL
9-3 INTERROGATORY TYPES
9-4 NUMBER OF INTERROGATORIES
9-5 INTERROGATORY RESPONSES
9-5:1 In General
9-5:2 Option to Produce Business Records
9-5:3 Objections
9-6 SIGNATURE AND VERIFICATION
Chapter 10: Requests for Admission–Texas Rule 198
10-1 TEXT OF RULE 198
10-2 REQUESTS FOR ADMISSION IN GENERAL
10-2:1 Form of Requests for Admissions
10-2:2 Scope of Requests for Admission
10-3 TYPES OF ADMISSIONS
10-4 NUMBER OF REQUESTS FOR ADMISSION
10-5 RESPONSES TO REQUESTS FOR ADMISSION
10-5:1 Admissions
10-5:2 Denials
10-5:3 Admitting or Denying in Part
10-5:4 Lack of Information
10-5:5 Motion for Protective Order
10-5:6 Move for (or Request) an Extension of Time to Respond
10-5:7 Privilege Assertions and Objections
10-5:8 Objections
10-5:9 Do Nothing
10-6 USE AND EFFECT OF ADMISSIONS
10-6:1 Persons Bound by Admissions
10-6:2 Who Can Use Admissions
10-6:3 Limitations on Use of Requests for Admission Against the State of Texas
10-6:4 Effect of Admissions and Denials
10-6:5 Use of Admissions or Denials in Other Proceedings
10-7 WITHDRAWAL, SUPPLEMENTATION, OR AMENDMENT OF RESPONSES TO REQUESTS FOR ADMISSION
10-7:1 Good Cause
10-7:2 Undue Prejudice
10-7:3 Merits Would be “Subserved”
10-7:4 Withdrawal of Merits-Preclusive Deemed Admissions
10-7:5 Use of Withdrawn or Amended Admissions
10-8 TESTING THE SUFFICIENCY OF ANSWERS, OBJECTIONS, AND PRIVILEGE ASSERTIONS TO REQUESTS FOR ADMISSION
10-9 EXPENSES FOR FAILURE TO ADMIT: THE “ADMIT-OR-PAY” RULE
Chapter 11: Depositions—Texas Rules 199-203
11-1 DEPOSITIONS IN GENERAL
11-1:1 Who Can Be Deposed
11-1:2 Depositions’ Scope
11-1:3 Expert Depositions
11-2 ORAL DEPOSITIONS—TEXAS RULE 199
11-2:1 Notes and Comments
11-2:2 Oral Depositions in General
11-2:3 The Deposition Notice
11-2:4 Compelling Attendance at the Deposition
11-2:5 Taking, Attending, and Participating in Oral Depositions
11-2:6 Recording the Deposition
11-2:7 Objections to the Time, Place, or Other Arrangements for a Deposition
11-2:8 The Deposition’s Conduct
11-2:9 Supplementing Oral Deposition Testimony
11-2:10 Second Depositions of a Witness already Deposed
11-3 DEPOSITIONS ON WRITTEN QUESTIONS—TEXAS RULE 200
11-3:1 Notes and Comments
11-3:2 In General
11-3:3 Notice of a Deposition on Written Questions
11-3:4 Compelling the Witness’s Attendance
11-3:5 Questions and Objections
11-3:6 Supplementing Deposition Testimony Upon Written Questions
11-4 DEPOSITIONS IN FOREIGN JURISDICTIONS FOR USE IN TEXAS PROCEEDINGS AND DEPOSITIONS IN TEXAS FOR USE IN FOREIGN PROCEEDINGS—TEXAS RULE 201
11-4:1 Notes and Comments
11-4:2 In General
11-4:3 Depositions in Another State or Foreign Country for Use in a Texas Court Proceeding
11-4:4 Depositions in Texas for Use in Foreign Proceedings
11-5 DEPOSITIONS BEFORE SUIT OR TO INVESTIGATE CLAIMS
11-5:1 Notes and Comments
11-5:2 In General
11-5:3 The Petition
11-5:4 Hearing and Standards for the Order
11-5:5 The Deposition’s Taking and Use
11-5:6 Appellate Review
11-6 SIGNING, CERTIFICATION AND USE OF ORAL DEPOSITIONS—TEXAS RULE 203
11-6:1 Presentment, Signature, and Changes
11-6:2 Certification
11-6:3 Delivery
11-6:4 Exhibits
11-6:5 Motions to Suppress
11-6:6 Using Depositions
Chapter 12: Physical and Mental Examinations—Texas Rule 204
12-1 TEXT OF RULE 204
12-2 MOTION AND ORDER REQUIRED
12-2:1 Motion to Compel Physical or Mental Examination
12-2:2 Order
12-3 REPORT OF EXAMINING PHYSICIAN OR PSYCHOLOGIST
12-3:1 Examined Person’s Right to Report
12-3:2 Examining Party’s Right to Report
12-3:3 Trial Court’s Discretion to Limit Delivery of Reports
12-3:4 Consequences of Failing or Refusing to Make Reports
12-4 EXAMINATION BY AGREEMENT
12-5 EFFECT OF NO EXAMINATION
12-6 ACTIONS ARISING UNDER TITLES II OR V, FAMILY CODE (NO MOTION REQUIRED)
12-7 ELIGIBLE EXAMINERS
12-8 EXAMINERS’ DERIVED JUDICIAL IMMUNITY
12-9 CHALLENGING ORDERS UNDER TEXAS RULE 204
Chapter 13: Discovery from Nonparties—Texas Rule 205
13-1 TEXT OF RULE 205
13-1:1 Notes and Comments
13-2 DISCOVERY FROM NONPARTIES IN GENERAL
13-3 WHO IS A NONPARTY?
13-4 NONPARTY PRODUCTION REQUESTS WITHOUT A DEPOSITION
13-4:1 Service of the Notice and Subpoena
13-4:2 The Notice’s Contents
13-4:3 The Subpoena
13-4:4 Response to the Notice and Subpoena
13-4:5 The Subpoena’s Enforcement
13-5 NONPARTY PRODUCTION REQUESTS WITH A DEPOSITION
13-5:1 Service of the Notice and Subpoena
13-5:2 The Notice’s and Subpoena’s Contents
13-5:3 The Subpoena
13-6 REQUESTS FOR MEDICAL OR MENTAL-HEALTH RECORDS REGARDING NONPARTIES
13-7 PROVIDING COPIES TO OTHER PARTIES
13-8 THE NONPARTY’S DOCUMENT PRODUCTION’S COSTS
13-9 NONPARTY DEPOSITIONS
Chapter 14: Sanctioning Discovery Abuse and Compelling Discovery—Texas Rule 215
14-1 TEXT OF RULE 215
14-2 MOTIONS FOR SANCTIONS OR ORDER COMPELLING DISCOVERY
14-2:1 Notice and Hearing Requirements
14-2:2 Where and What to File
14-2:3 Timeliness of Motions
14-2:4 Motion’s Grounds
14-2:5 Conference and Cooperation Requirements for Motions
14-2:6 Award of Reasonable Expenses, Including Attorney’s Fees
14-3 DISCOVERY SANCTIONS
14-3:1 General Objectives of and Limits on Discovery Sanctions
14-3:2 Heightened Standards Applicable to Death-Penalty Sanctions
14-3:3 Persons Who May Be Sanctioned—Parties, Attorneys, and Nonparties
14-3:4 Sanctionable Discovery Conduct
14-4 PERMISSIBLE DISCOVERY SANCTIONS
14-4:1 Sanctions Orders Specified in Texas Rule 215
14-4:2 A Trial Court’s Inherent Power to Impose Sanctions
14-4:3 Spoliation
Table of Cases
Index