CHAPTER 8 - 8-3 Number of Production Requests

• Jurisdiction: United States

8-3 Number of Production Requests

The action's discovery control plan, rather than Texas Rule 196, governs the number of production requests.²⁴ Level 1 actions are limited to fifteen production requests, including "discrete subparts."²⁵ In contrast, the Texas discovery rules do not limit either the number of production requests or the number of sets of production requests in Level 2 and 3 actions.²⁶

As pointed out above, in a Level 1 action, the limit on the number of production requests includes "[e]ach discrete subpart."²⁷ Although nothing in Texas Rule 190 or its comments explains what constitutes a discrete subpart for a production request, Comment 3 to Texas Rule 190 explains what constitutes one for an interrogatory: "While not susceptible of precise definition, a 'discrete subpart' is, in general, one that calls for information that is not logically or factually related to the primary interrogatory." The test should be same as that with respect to interrogatories.²⁸

Despite the absence of an express limit on the number of production requests in Level 2 and 3 actions, the discovery control plan in a Level 3 action can limit their number.²⁹ In addition, Texas Rules 192.4 and 192.6 allow a court to limit their number in both Level 2 and 3 actions by means of a protective order when: (1) the requests are "unreasonably cumulative or duplicative" of other discovery requests,³⁰ harassing, or invasive of...