CHAPTER 3 - 3-6 Filing Discovery Materials

• Jurisdiction: United States

3-6 Filing Discovery Materials

Texas Rule 191.4(a) prohibits the filing of all discovery requests directed to parties and all discovery responses, objections, and privilege assertions by parties and non-parties,⁵¹ subject to the following exceptions: "(1) the court may order discovery materials to be filed; (2) a person may file discovery materials in support of or in opposition to a motion or for other use in a court proceeding; and (3) a person may file discovery materials necessary for a proceeding in an appellate court."⁵² However, under Texas Rule 191.4(b), "[t]he following discovery materials must be filed: (1) discovery requests, deposition notices, and subpoenas required to be served on non-parties; (2) motions and responses to motions pertaining to discovery matters; and (3) agreements concerning discovery matters, to the extent necessary to comply with [Texas] Rule 11."⁵³

Texas Rule 191.4(d) requires parties and nonparties to keep unfiled discovery requests and responses during the action's pendency and "any related appellate proceedings begun within six months after judgment is signed, unless otherwise provided by the trial court."⁵⁴

--------

Notes:

^[51] Tex. R. Civ. P. 191.4(a) ("The following discovery materials must not be filed: (1) discovery requests, deposition notices, and subpoenas required to be served only on parties; (2) responses and objections to discovery requests and deposition notices, regardless on whom the requests or notices were served; (3) documents and tangible things produced in discovery; and (4) statements prepared in compliance with Rule 193.3(b) or (d)."). Improperly filing discovery materials, however, does not invalidate the materials. See, e.g., Black v. Watts, No. 04-17-00489-CV, 2018 Tex. App. LEXIS 6186, at *14, 2018 WL 3747746 (Tex. App.—San Antonio Aug. 8, 2018, pet. denied) (mem. op.) (Texas "Rule 191.4's text requiring certain discovery requests not to be filed was intended to alleviate storage problems of district clerks' offices. There is nothing in the text or the history of the rule...