Required Pre-Trial Disclosures Under the New Rules of Civil Procedure

RICHARD A. SIMMONS
rsimmons@ws-law.com
Waldron & Schneider
15150 Middlebrook Drive
Houston, Texas 77058
(281) 488-4438
www.ws-law.com

 

On August 21, 2020, the Texas Supreme Court amended several Rules of Civil Procedure (sometimes referred to as the “Rules” or as a “Rule”). Following public comment, the Court made revisions to those rules and also revised other rules for consistency. The amendments apply to cases filed on or after January 1, 2021, except for those filed in justice court. The prior versions of the rules amended by this Order continue to govern procedures and limitations in cases filed before January 1, 2021. There are now required pre-trial disclosures.

A. There are specific disclosures required thirty days before trial.

In addition to the disclosures required by Rule 194.2 and 194.3, a party must provide to the other parties and promptly file the following information about the evidence that it may present at trial other than solely for impeachment:

(1) the name and, if not previously provided, the address, and telephone number of each witness-separately identifying those the party expects to present and those it may call if the need arises;

(2) an identification of each document or other exhibits, including summaries of other evidence-separately identifying those items the party expects to offer and those it may offer if the need arises.

TEX.R.CIV.P. 194.4(a). An action arising under the Family Code filed by or against the Title IV-D agency in a Title IV-D case is exempt from pretrial disclosure, but a court may order the parties to make particular disclosures and set the time for disclosure. TEX.R.CIV.P. 194.4(c).

B. Pre-trial disclosures are due 30 days before trial.

Unless the court orders otherwise, these disclosures must be made at least 30 days before trial. TEX.R.CIV.P. 194.4(b).

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