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The Rules of Civil Procedure govern the proceedings in civil trials. The Code of Criminal Procedure governs criminal proceedings. When a case is appealed, the Rules of Appellate Procedure govern the appeals process.
A party may request disclosure of any or all of the following: (a) the correct names of the parties to the lawsuit; (b) the name, address, and telephone number of any potential parties; (c) the legal theories and, in general, the factual bases of the responding party's claims or defenses (the responding party need not
Under Level 2 discovery, each side is only allowed 25 written interrogatories that ask for more than identifying information about a document. Additionally, the responding party may respond by telling the other side where the information can be found in public records instead of answering the question directly.
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
Rule 190 - Discovery Limitations 190.1 Discovery Control Plan Required. Every case must be governed by a discovery control plan as provided in this Rule. A plaintiff must allege in the first numbered paragraph of the original petition whether discovery is intended to be conducted under Level 1, 2, or 3 of this Rule.
Under Level 2 discovery, each side is only allowed 25 written interrogatories that ask for more than identifying information about a document. Additionally, the responding party may respond by telling the other side where the information can be found in public records instead of answering the question directly.
The correct names of the parties to the lawsuit; The name, address, and telephone number of any potential parties; The legal theories and, in general, the factual bases of the responding party's claims or defenses (the responding party need not marshal all evidence that may be offered at trial);
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. A Level 3 plan may simply adopt Level 1 or Level 2 restrictions.
If they produce documents which prove not to be producible under R. 7-1(1), they may be guilty of breaching their client's confidence; yet if they decline to produce they may breach their duty as officer of the court.
Under new Rule 190.3, discovery begins when initial disclosures are due (as opposed to when suit is filed under the old rules) and continues until: 30 days before the trial date in Family Code cases; or. In other cases, the earlier of. 30 days before the trial date, or. Nine months after initial disclosures are due.