Discovery
The pretrial process by which parties obtain information from each other and from non-parties relevant to the case. Texas operates a three-tier discovery framework that adjusts the amount and duration of discovery based on case type.
Discovery is the pretrial process by which parties obtain information from each other and from non-parties relevant to the case. Discovery serves to develop evidence for trial, narrow disputed issues, evaluate settlement, and prevent trial-by-ambush. Texas operates a three-tier discovery framework that adjusts the amount and duration of discovery based on case type.
Three Texas discovery levels (TRCP 190)
Level 1 (expedited actions): suits governed by the expedited actions process in TRCP 169, where all claimants other than counter-claimants plead that they seek only monetary relief of $325,000 or less (excluding interest, statutory or punitive damages and penalties, and attorney fees and costs), and certain divorces. Each party has 20 hours for oral depositions and may serve no more than 15 interrogatories, 15 requests for production and 15 requests for admission on any other party. Outside Family Code cases, the discovery period begins when the first initial disclosures are due and runs 180 days.
Level 2 (default for larger cases): suits not within Level 1 or Level 3. 50 hours of depositions per side. Each party may serve no more than 25 interrogatories on any other party. The discovery period begins when the first initial disclosures are due and ends at the earlier of 30 days before trial or nine months after those disclosures are due.
Level 3 (court-ordered for complex cases): set by court order on motion or by agreement. Customized to case needs.
Scope of discovery (TRCP 192.3)
Texas permits discovery of any matter not privileged, that is relevant to the subject matter of the pending action. Relevance is broadly construed. Inadmissibility at trial is not a ground for objection if the information appears reasonably calculated to lead to the discovery of admissible evidence. The 2015 federal-rules amendments adopted a "proportionality" requirement; Texas has not adopted that wording, but TRCP 192.4(b) directs the court to limit discovery whose burden or expense outweighs its likely benefit, considering the needs of the case, the amount in controversy, the parties' resources and the importance of the issues.
Discovery devices
Initial disclosures (TRCP 194), automatic disclosure of basic case information. Interrogatories, written questions answered under oath. Requests for production, requests for documents and things. Requests for admission, requests that a party admit specified facts. Depositions, oral testimony under oath. Subpoenas, for non-party discovery.
Privilege and work product
Attorney-client privilege protects confidential communications between attorney and client. Work-product doctrine (TRCP 192.5) protects materials prepared in anticipation of litigation. Both are subject to specific procedural requirements for assertion and waiver.
Sanctions
Failure to comply with discovery obligations may result in sanctions under TRCP 215, ranging from cost-shifting and exclusion of evidence to default judgment in extreme cases.
The three-level system sets tighter limits for expedited actions and default limits for other cases. On a party's motion, the court must order a Level 3 discovery control plan tailored to the case, and that plan may change any default limit.
Practice guide: How Long a Business Lawsuit Takes in Texas