The Kielich Law Firm provides a brief discussion of discovery devices used in Texas litigation such as car accidents, divorce, employment discrimination and other lawsuits in Texas courts and federal courts.

1. Common Discovery Tools in Texas
Litigation
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2. What is discovery
Under the federal and Texas rules of civil
procedure, parties to a lawsuit are allowed to
implement specific types of requests to obtain
information from the other parties.
Discovery rules require parties to lay down their
cards and show the other side the evidence
they intend to use at trial, which encourages
settlement and fair trials.

3. Discovery Scope
The rules allow parties to discover evidence that
is nonprivileged and relevant, even if that
evidence would not be admissible.
The broad scope of discovery allows parties to
learn about the evidence behind opposing
parties’ contentions and obtain evidence from
those opposing parties that benefits their own
contentions.

4. Types of discovery tools
Requests for Disclosure/Initial Discovery
Requests for Production
Requests for Admission
Interrogatories

5. Types of Discovery Tools
Depositions
Physical Examination

6. Requests for Disclosure
Under the Texas procedural rules a party can
submit requests for disclosure to an opposing
party. Requests for disclosure include requests
for basic information about the party and its
contentions. The Texas Rules of Civil
Procedure regarding requests for disclosure
includes specific requests that are not
objectionable.

7. Initial Disclosures
The federal rules contain a similar discovery
device called initial disclosures. The federal
rules create a unique rule for initial
disclosures. Unlike other discovery tools—
even requests for disclosure—initial
disclosures must be made by each party at the
beginning of litigation without any party
submitting a request for the disclosure. Every
other form of discovery requires a request or
notice.

8. Requests for Production and
Inspection
Requests for production and inspection permit a
party to request the responding party produce
documents and other tangible things for the
inspection and copying by the requesting
party. This discovery tool is primarily used to
obtain access to documents, electronic files,
emails, text messages and photographs but
can also be used to inspect physical evidence
related to claims (such as the car alleged to
have caused a fatal car accident).

9. Requests for Admission
Requests for admission are powerful discovery tools that
allow the requesting party to demand the responding
party admit or deny material facts and/or the
authenticity of a document. They cannot be used to
request a party admit to an opinion or conclusions of
law.
Parties may request an unlimited number of admissions
and a party must admit or deny the truth of the
request. In a response cannot be made then the
responding party must explain why.

10. Requests for Admission
If a party fails to respond to requests for
admission within the required timeframe then
the requests are deemed admitted and the
requesting party may use the deemed
admitted statements against the responding
party.

11. Interrogatories
Interrogatories are written questions submitted
to an opposing party who must respond under
oath and in writing. Interrogatories must be
relevant to the subject matter of the lawsuit.
The number of interrogatories permitted to
each party is limited by the civil procedure
rules (or a court order) so parties must be
careful about their use.

12. Interrogatories
Interrogatories are often objected to in many
ways as a method of limiting the extent of the
answer given. The more broad and/or vague
an interrogatory the more likely the
responding party will object to the question.

13. Depositions
Depositions are oral or written interviews of
adverse parties and witnesses who answer
questions under oath. Depositions occur after the
deponent is given notice of the deposition and
the subject matter of the deposition. The
deposition must be limited to questions regarding
the subject matter stated in the notice.
Deposition time is limited by the civil procedure
rules and/or court order to avoid parties using
depositions to conduct endless interviews of
opposing parties and their witnesses.

14. Physical Examination
An uncommon discovery tool is a request for
physical examination or a mental examination
of a person, place, or object. Typically a
request for examination requires a court order
and the judge has discretion whether to grant
the examination.

15. Result of Discovery
Proper discovery should uncover the positions
of each party and avoid a trial by surprise.
Because each party knows about the strengths
and weaknesses of the other party’s claims
and defenses, it encourages settlement rather
than having to push to go to trial to find out
what the opposing party will claim or defend.