All Discovery

• Author: Scott Brister (Ret.)/Dan S. Boyd
• Pages: 815-838

24-1

Chapter 24

ALL DISCOVERY

QUICK VIEW

Scope of chapter: Advantages and disadvantages of discovery; governing law; right to discovery; discovery

limits; scope; strategies; discovery plan; discovery sequence; deadlines; discovery stipulations; supplementing

responses.

Strategies and overview:

Scope of discovery: Any matter that is not privileged and is relevant to the subject matter of the pending action is

open to discovery. [TRCP 192.3(a).] This is such a broad concept that lack of relevancy is rarely a valid objec-

tion to discovery. The realistic restrictions on discovery are for privileged communications, work-product and

for matters for which protection is required for reasons of privacy or expense.

Planning discovery: A formal, written, discovery plan provides a map with which to gauge whether you are

achieving your discovery goals, and are doing so within the applicable deadlines. All cases are governed by a

discovery control plan as provided for in Rule 190.

Statutes and rules: TRCP 190 through 215.

Related topics: Discovery Disputes, Ch 32; Interrogatories, Ch 30; Document inspections, Ch 27; Requests

for admission, Ch 31; Requests for Disclosure, Ch 26; Physical and Mental Exams, Ch 29; Depositions, Ch 28;

Privileges, Ch 25.

TABLE OF CONTENTS

I. Purpose, Governing Law, and Filing Requirements

A. Purpose, Goals, Drawbacks

§24:01 Purposes and Objectives

§24:02 Goals

§24:03 Drawbacks

B. Governing Law

§24:08 Rules of Civil Procedure Govern All Civil Actions, Except...

§24:09 Authorized Discovery Methods

§24:10 Provisions That Govern All Methods

§24:11 Provisions That Enforce and Protect

§24:12 Motion for Sealing Court Records

C. Filing Requirements

§24:18 Discovery Materials Not to Be Filed

§24:19 Discovery Materials to Be Filed

(Rev. 10, 4/13)

TEXAS PRETRIAL PRACTICE 24-2

II. Right to Discovery

A. Basic Points

§24:24 Right Is Broadly Construed

§24:25 No Court Order Required, Except...

B. Limits on Discovery

§24:30 Only for Parties in Pending Suit

§24:31 Only Against Other Parties, Except...

§24:32 Only Relevant, Non-Privileged Matter

§24:33 Time Limits

§24:34 Limit on Onerous Discovery

§24:35 Geographical Limits on Subpoena

III. Scope of Discovery

A. Must Be Relevant

§24:40 Basic Rule

§24:41 “Relevant” Is Broadly Defined

§24:42 Need Not Be Relevant as Evidence

§24:43 Need Not Be Admissible Evidence

B. Matters Discoverable

1. GENERAL POINTS

§24:48 Documents and Other Tangible Things

§24:48.1 Electronic Discovery

§24:49 Witness Identities and Locations

§24:50 Claims, Defenses, and Legal Contentions

§24:51 Legal or Factual Assertions

§24:52 Similar Incidents

§24:53 Witness Statements

§24:54 Potential Parties

§24:55 Entry on Land or Other Property

2. EXPERTS

§24:60 Categories of Experts

§24:61 Overall Scope of Discovery

§24:62 Discovery for Testifying Experts

§24:63 Discovery for Consulting Experts

§24:64 Designating Testifying Experts

§24:65 Scheduling Depositions of Testifying Experts

§24:66 Costs of Expert Witnesses

§24:67 Amendment and Supplementation

3. INSURANCE AND INDEMNITY POLICIES

§24:72 What Is Discoverable

§24:73 Insurer Must Be Potentially Liable

§24:74 Applications Not Discoverable

§24:75 Use at Trial

4. SETTLEMENT AGREEMENTS

§24:80 Discoverable If Relevant

§24:81 Use at Trial