Chapter 10-6 Interplay Between Pleadings and Requirements of Request for Disclosure

• Jurisdiction: United States

10-6 Interplay Between Pleadings and Requirements of Request for Disclosure

Tex. R. Civ. P. 194.2(d) requires a party who seeks damages to disclose "the amount and any method of calculating economic damages." This discovery disclosure requirement is in addition to the requirements for pleading damages. A failure to properly respond to this requirement, including a failure to timely supplement a response pursuant to Tex. R. Civ. P. 193.5, can result in exclusion of evidence of the economic damages.³⁴

Because the calculations of the economic damages may change as more information is obtained in discovery or to address the passage of time, Tex. R. Civ. P. 194.6 states, "A response to [a request under Rule 194.2(d)] that has been changed by an amended or supplemental response is not admissible and may not be used for impeachment." Additionally, Tex. R. Civ. P. 197.3 states, "An answer to an interrogatory inquiring about matters described in Rule . . . 194.2(d) that has been amended or supplemented is not admissible and may not be used for impeachment." This protects both plaintiffs and defendants who initially answered the disclosure with the information available but needed to alter the calculations to more closely track the evidence.

This same protection does not apply to superseded pleadings which may constitute...