Requests for Disclosure

• Author: Scott Brister (Ret.)/Dan S. Boyd
• Pages: 907-922

26-1

Chapter 26

REQUESTS FOR DISCLOSURE

QUICK VIEW

Definition: Requests for disclosure are requests from one party to another for information from any or all of 11

specific items of disclosure described in Rule 194.

Scope of chapter: General principles and techniques about requests for disclosure; how to respond; supplemen-

tal and amended responses.

Strategies and tactics:

Propounder: Serve requests for disclosure at an early stage in the discovery process to obtain basic information

about your opponent’s case.

Respondent: Do not forget to supplement your responses, particularly the responses dealing with witness

identification.

Statutes and rules: TRCP 192, 193, 194, 195.

Related topics: Scope of Discovery, Ch 24; Request for Admissions, Ch 31; Document Requests, Ch 27;

Interrogatories, Ch 30; Discovery Motions, Ch 32; Document Production at Deposition, Ch 28; Initial

Investigation and Research, Ch 2.

TABLE OF CONTENTS

I. General Points

§26:01 Basic Principles

§26:02 By Parties, on Parties

§26:03 When to Make the Request

II. Making a Request

A. Format

§26:08 General Form

§26:09 Certificate of Service

§26:10 Key Language

§26:11 Selecting the Information Category

B. Areas of Inquiry

§26:16 Parties, Potential Parties and Responsible Third Parties

§26:17 Legal Theories and Factual Bases of Claims or Defenses

(Rev. 10, 4/13)

TEXAS PRETRIAL PRACTICE 26-2

§26:18 Calculation of Economic Damages

§26:19 Witnesses

§26:20 Retained Experts

§26:20.1 Nonretained Experts

§26:20.2 Distinguishing Retained from Nonretained Experts

§26:20.3 Rebuttal Experts

§26:21 Indemnity and Insuring Agreements

§26:21.1 Witness Statements

§26:22 Medical Records and Bills

§26:23 Settlement Agreements

C. Filing and Service

§26:28 Filing

§26:29 Service

§26:30 Methods of Service

§26:31 Completion of Service

§26:32 Proof of Service

III. Response and Objections

A. Deadline for Response

§26:38 General Deadline: 30 Days

§26:38.1 EXCEPTION: 50 Days if Served Before Initial Answer Date

§26:39 EXCEPTION: Delay for Testifying Experts

§26:40 Calculating Response Date

§26:41 Time Extensions

B. Drafting Response

§26:46 Format

§26:47 No Objections and Limited Protection and Privileges

§26:48 CAUTION: Failure to Disclose Means Exclusion of Evidence

C. Specific Responses

§26:49 Documents

§26:50 Witnesses

§26:50.1 Connection to Case

§26:51 Expert Opinions

§26:52 Settlements

§26:53 Damage Calculations

IV. Supplementation of Responses

A. General Points

§26:54 Requirement

§26:54.1 Time for Supplementation

§26:55 Failure to Supplement: Exclusion of Evidence

§26:56 Impeachment and Rebuttal Witnesses

§26:57 Trial Use of Original Responses