The Discovery Process in Texas

What Is Discovery?

Discovery is the legal process that provides the opportunity for both parties to ask the opposing side for information and documents relating to the case. During the discovery phase, both sides must present the other with the evidence they intend to use during trial. Discovery is intended to encourage both sides to settle out of court, help both parties prepare their case based on fair access to information, and to prevent any surprises at trial. The team of Houston personal injury attorneys at West Loop Law and the Law Office of Nhan Nguyen, MD, JD can help you navigate the discovery process and all other steps of the litigation process. 

Can I Really Get Any Information I Want Through Discovery?

The Texas Rules of Civil Procedure govern the state’s discovery process. These rules indicate that parties to a case are permitted to any information deemed relevant to the case, as long as it is not considered privileged information. Rules of discovery are intended to provide reasonably extensive access to information. 

If you are trying to handle the discovery process on your own, you should consider studying the legal terms “relevance” and “privilege” until you have a firm understanding of these concepts. These terms represent what could be argued during the discovery process.  

Obtaining the information you believe you need or protecting private information you aren’t willing to share could depend on how well you are able to argue the relevance, irrelevance, privilege, and non-privileged nature of the given information to the court or judge. 

How Long Do I Have to Perform Discovery?

The discovery process hinges on the type of discovery plan your case falls under. For instance, in Level 2 discovery, the most common type of discovery, the process usually starts when the suit is filed and proceeds until 30 days before the date of the trial. 

Do I Need to File My Discovery Requests with the Clerk?

In most cases, you are not required to file discovery requests with the clerk unless you are serving them to parties that are not involved in the case. 

However, you are required to sign your requests to certify that you have thoroughly studied the rules of civil procedure and are making your requests in accordance with those rules. Your signature also certifies that you are not making the request for any unethical use, such as:

• harassment
• delaying litigation, or 
• unreasonably burdening the other party. 

Types of Discovery

Requests for Admissions

Requests for Admission permit the involved parties to ask the other side to affirm or rebuff facts relating to the case. Requests for Admission must be made in writing, and each request must be listed separately in the document. Usually, these requests are unable to ask the other party to “admit” something. If one party cannot or has an objection to answering the questions, he or she is required to explain the reason. For more details about other rules that pertain to this type of discovery, consult Rule 198. 

Requests for Disclosure

Requests for Disclosure ask for essential information about the other side and the allegations or contentions being made by that party. Some examples include:

• the legal name of the parties to the lawsuit
• the legal theories and factual basis for the party’s defense
• the names and contact details of people with pertinent information about the case. 

For more details about other rules that apply to this form of discovery, consult Rule 194. 

Request for Production, Inspection, or Entry

Request for Production, Inspection, or Entry are intended to produce or permit the examination of physical evidence, including documents, electronic files, emails, text messages, photographs, and personal or real property that is controlled by the other party. This kind of request has to define an acceptable time and place for the item to be produced. For more details about other rules that apply to this form of discovery, consult Rule 196. 

Interrogatories

Interrogatories are written questions shared between involved parties. The side requesting the interrogatories must respond in writing, under oath. Under Level 2 discovery, both parties are only permitted 25 written interrogatories that ask more than identifying information about a document, Also, the responding side has to respond by telling the other side where the information can be found in the public record, rather than directly answering the question. For more details about other rules that apply to this form of discovery, consult with Rule 197. 

Depositions

Depositions are essentially interviews that can be conducted in person, by telephone, or in writing. Depositions are not limited to just parties involved in the case but can also be taken from witnesses with relevant information. Depositions are governed by many rules, including: 

• notice requirements
• scope of questioning
• location, and 
• time limits

You should review these rules thoroughly before trying to conduct a deposition. For more details about the other rules that apply to this form of discovery, consult Rules 199-203. 

Mental or Physical Examinations

Mental or Physical Examinations are not extremely common and usually require a court order to show that the judge believes the examination is legally necessary based on the circumstances of the cases. After the motion is filed, the party to be investigated and all parties to the case have to be formally served with notice of the hearing determining if the order will be granted. If granted, the order has to be in writing and determine time, place, manner, conditions, and scope of the examinations. For more details bout other rules that apply to this form of discovery, consult Rule 204. 

What If Someone Doesn’t Comply with a Discovery Request?

Abuse of the discovery process, like asking for more than you are authorized to or declining to comply with requests, can lead to sanctions from the court. For more information about what is designated as “abuse,” please consult the Texas Rules of Civil Procedure 215. 

Houston Personal Injury Lawyers

After being injured in an accident, you need an experienced personal injury attorney in Houston to answer all your questions. You need to know that you’re not alone after being unfairly injured by the negligence of another party. When looking for a Houston lawyer referral, look no further than West Loop Law and the Law Office of Nhan Nguyen, MD, JD. The sooner you give us a call, the sooner we can help you obtain the recovery you need and deserve. Contact our law offices at 713-840-7200 to discuss your case today.