Articles Posted in Discovery

In family law, discovery is the process in which your attorney will request and obtain information from the opposing party. One tool for discovery in Texas is Rule 194 of the Texas Code of Civil Procedure, Request for Disclosure. These are used to ask for basic information about the case, names of the parties etc.

Starting in 2020, Rule 194 is going to change. There is no longer going to have to be a request for disclosure. The opposing must provide certain information, even without a request. Here is the new rule 194(a)

(a) Duty to Disclose. Except as exempted by Rule 194.2(d) or as otherwise agreed by the parties or ordered by the court, a party must, without awaiting a discovery request, provide to the other parties the information or material described in Rule 194.2, 194.3, and 194.4.

Family Law Discovery Issues:

If there is one aspect of practicing law that a consensus of attorneys will agree is a mental beat-down, it would be the discovery process. Since discovery is a necessary evil, discovery is a tool that attorneys must effectively wield in order to adequately represent their client.

Very often, we have men and women who are attempting to battle through a divorce on their own, and once they are served with discovery requests they come looking for help. That is the smart move. An experienced family law attorney will know exactly what needs to be done and will get your case on track.

Discovery Explained

In a nutshell, discovery is a procedure in which information is exchanged between two parties. This is a general description to be used for civil cases only (as opposed to criminal cases). The term “discovery” is very broad. It covers a wide variety of requests that one party makes to another in order to obtain information.

There are several reasons why providing one party with information regarding litigation is important, but under the American system, no other reason is more important than the concept of fairness and a fair trial. If one party withholds potentially powerful evidence or information from the other party, because that information is damning to their case, then that is not fair to other party, especially in a criminal setting, but almost as much in a civil trial. If a party has information helpful to their case withheld from them on the basis that the other party was in control of it and they knew it was harmful to their case, without discovery rules, the other party almost certainly would not be able to present their case fairly before a judge or jury.

The purpose of the discovery rules in Texas is to facilitate a cost-efficient transfer of information between opposing parties in a lawsuit. The rules seek to accomplish this goal by providing parties with notice of how discovery should be conducted, explaining what may be requested, and the proper form of how to request it.

 What is Discovery?

Discovery is the transfer of information from one party to another party or multiple other parties. It is an immensely important function in litigation because in all likelihood the information you need to win your case will come, at least in part, from the other side during discovery.

What is a Discovery Control Plan? 

Three levels of “Discovery Plans” are found under Texas Rules of Civil Procedure Rules 190.2-190.4. Each section has its own requirements for who falls under what level and how discovery will be organized and completed. In order to get a better understanding of what a “Discovery Control Plan” is, we will discuss three pertinent questions about them: (1) What are they?; (2) Why?, and; (3) How do they work?

What Are Discovery Control Plans?

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