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There are Levels One, Two, and Three. Discovery can be written and can be oral testimony. Common discovery tools in Texas divorces include disclosures, interrogatories, requests for production, requests for admission, and depositions where the parties provide oral testimony recorded by audio and video.
A case remains in Level 1 or Level 2, as determined by the pleadings, unless and until it is moved to Level 3. To be in Level 3, the court must order a specific plan for the case, either on a party's motion or on the court's own initiative. The plan may be one agreed to by the parties and submitted as an agreed order.
The three forms of discovery are: Written - This form of discovery takes place on paper.Document Production - This form of discovery involves an exchange of documents.Oral - Sometimes known as depositions, this form of discovery allows parties to gain sworn statements from involved individuals.
Level 1 limitations are revised to impose a twenty-hour limit on oral depositions. Disclosure requests under Rule 190.2(b)(6) and Rule 194 are now replaced by required disclosures under Rule 194, as amended. The discovery periods under Rules 190.2(b)(1) and 190.3(b)(1) are revised to reference the required disclosures.
Every case filed in Texas state court requires the plaintiff to choose a discovery plan: Level One, which applies only for cases where the plaintiff seeks less than $100,000 in damages; Level Two, which applies by default to all other cases and has its own specific set of deadlines; and Level Three, which allows the
A joint discovery plan is a formal method of establishing a common discovery arrangement for related cases pending in federal courts.
The discovery period depends on what type of discovery plan your case falls under. For example: in Level 2 discovery, the most common type, discovery begins when the suit is filed and continues until 30 days before the trial is set (in family law cases).