Requests for Disclosure

AuthorScott Brister (Ret.)/Dan S. Boyd
Chapter 26
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
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.
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)
§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

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