Rule 194. Required Disclosures in Suits Not Governed by the Family Code

(a) Duty to Disclose. Except in a suit governed by the Family Code, as exempted by Rule 194.2(c), 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.

(b) Production. If a party does not produce copies of all responsive documents, electronically stored information, and tangible things with the response, the response must state a reasonable time and method for the production of these items. The responding party must produce the items at the time and in the method stated, unless otherwise agreed by the parties or ordered by the court, and must provide the requesting party a reasonable opportunity to inspect them. 194.2 Initial Disclosures.

(a) Time for Initial Disclosures. A party must make the initial disclosures within 30 days after the filing of the first answer or general appearance unless a different time is set by the parties’ agreement or court order. A party that is first served or otherwise joined after the filing of the first answer or general appearance must make the initial disclosures within 30 days after being served or joined, unless a different time is set by the parties’ agreement or court order.

(b) Content. Without awaiting a discovery request, a party must provide to the other parties:

(1) the correct names of the parties to the lawsuit;

(2) the name, address, and telephone number of any potential parties;

(3) 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);

(4) the amount and any method of calculating economic damages;

(5) the name, address, and telephone number of persons having knowledge of relevant facts, and a brief statement of each identified person’s connection with the case;

(6) a copy–or a description by category and location–of all documents, electronically stored information, and tangible things that the responding party has in its possession, custody, or control, and may use to support its claims or defenses, unless the use would be solely for impeachment;

(7) any indemnity and insuring agreements described in Rule 192.3(f);

(8) any settlement agreements described in Rule 192.3(g);

(9) any witness statements described in Rule 192.3(h);

(10) in a suit alleging physical or mental injury and damages from the occurrence that is the subject of the case, all medical records and bills that are reasonably related to the injuries or damages asserted or, in lieu thereof, an authorization permitting the disclosure of such medical records and bills;

(11) in a suit alleging physical or mental injury and damages from the occurrence that is the subject of the case, all medical records and bills obtained by the responding party by virtue of an authorization furnished by the requesting party; and

(12) the name, address, and telephone number of any person who may be designated as a responsible third party.

(c) Proceedings Exempt from Initial Disclosure. The following proceedings are exempt from initial disclosure, but a court may order the parties to make particular disclosures and set the time for disclosure:

(1) an action for review on an administrative record;

(2) a forfeiture action arising from a state statute;

(3) a petition for habeas corpus;

(4) an action involving domestic violence; and

(5) an action on appeal from a justice court. 194.3 Testifying Expert Disclosures. In addition to the disclosures required by Rule 194.2, a party must disclose to the other parties testifying expert information as provided by Rule 195. 194.4 Pretrial Disclosures.

(a) In General. 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; and

(2) a list identifying 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.

(b) Time for Pretrial Disclosures. Unless the court orders otherwise, these disclosures must be made at least 30 days before trial. 194.5 No Objection or Assertion of Work Product. No objection or assertion of work product is permitted to a disclosure under this rule. 194.6 Certain Responses Not Admissible. A disclosure under Rule 194.2(b)(3) and (4) that has been changed by an amended or supplemental response is not admissible and may not be used for impeachment.

Committee Notes

Comment to 1999 change: 1. Disclosure is designed to afford parties basic discovery of specific categories of information, not automatically in every case, but upon request, without preparation of a lengthy inquiry, and without objection or assertion of work product. In those extremely rare cases when information ordinarily discoverable should be protected, such as when revealing a person’s residence might result in harm to the person, a party may move for protection. A party may assert any applicable privileges other than work product using the procedures of Rule 193.3 applicable to other written discovery. Otherwise, to fail to respond fully to a request for disclosure would be an abuse of the discovery process. 2. Rules 194.2(c) and (d) permit a party further inquiry into another’s legal theories and factual claims than is often provided in notice pleadings. So-called “contention interrogatories” are used for the same purpose. Such interrogatories are not properly used to require a party to marshal evidence or brief legal issues. Paragraphs (c) and (d) are intended to require disclosure of a party’s basic assertions, whether in prosecution of claims or in defense. Thus, for example, a plaintiff would be required to disclose that he or she claimed damages suffered in a car wreck caused by defendant’s negligence in speeding, and would be required to state how loss of past earnings and future earning capacity was calculated, but would not be required to state the speed at which defendant was allegedly driving. Paragraph (d) does not require a party, either a plaintiff or a defendant, to state a method of calculating non-economic damages, such as for mental anguish. In the same example, defendant would be required to disclose his or her denial of the speeding allegation and any basis for contesting the damage calculations. 3. Responses under Rule 194.2(c) and (d) that have been amended or supplemented are inadmissible and cannot be used for impeachment, but other evidence of changes in position is not likewise barred. Comment to 2021 change: Rule 194 is amended to implement section 22.004(h-1) of the Texas Government Code. Rule 194 is amended based on Federal Rule of Civil Procedure 26(a) to require disclosure of basic discovery automatically, without awaiting a discovery request. A party is not excused from making its disclosures because it has not fully investigated the case or because it challenges the sufficiency of another party’s disclosures or because another party has not made its disclosures. As with other written discovery responses, required disclosures must be signed under Rule 191.3, complete under Rule 193.1, served under rule 191.5, and timely amended or supplemented under Rule 193.5. Comment to 2023 change: Rule 194 is amended to implement chapter 301 of the Family Code. RULE 194a. REQUESTS FOR DISCLOSURE IN SUITS GOVERNED BY THE FAMILY CODE 194a.1 Request. No later than 30 days before the end of any applicable discovery period, a party may obtain disclosure from another party of the information or material described in Rule 194a.2 by serving the other party the following request: “Under Rule 194a, you are requested to disclose, within 30 days of service of this request, the information or material described in Rule [state rule, e.g., 194a.2, or 194a.2(a), (c), (f), or 194a.2(d)–(g)].” 194a.2 Content. A party may request disclosure under Rule 194a.1 of any 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 (but the responding party need not marshal all evidence that may be offered at trial); (d) the amount and any method of calculating economic damages; (e) the name, address, and telephone number of any person having knowledge of relevant facts and a brief statement of each identified person’s connection with the case; (f) for any testifying expert: (1) the expert’s name, address, and telephone number; (2) the subject matter on which the expert will testify; (3) the general substance of the expert’s mental impressions and opinions and a brief summary of the basis for them, or if the expert is not retained by, employed by, or otherwise subject to the control of the responding party, documents reflecting that information; and (4) if the expert is retained by, employed by, or otherwise subject to the control of the responding party: (A) all documents, tangible things, reports, models, or data compilations that have been provided to, reviewed by, or prepared by or for the expert in anticipation of the expert’s testimony; and (B) the expert’s current resume and biography; (g) any discoverable settlement agreement described by Rule 192.3(g); (h) any discoverable witness statement described by Rule 192.3(h); (i) in a suit alleging physical or mental injury and damages from the occurrence that is the subject of the case: (1) all medical records and bills that are reasonably related to the injuries or damages asserted; or (2) an authorization permitting the disclosure of the information described by paragraph (i)(1); (j) in a suit alleging physical or mental injury and damages from the occurrence that is the subject of the case, all medical records and bills obtained by the responding party through an authorization provided by the requesting party; and (k) the name, address, and telephone number of any person who may be designated as a responsible third party. 194a.3 Response. The responding party must serve a written response on the requesting party within 30 days after service of the request, except that: (a) a defendant served with a request before the defendant’s answer is due is not required to respond until 50 days after service of the request; and (b) a response to a request under Rule 194a.2(f) is governed by Rule 195a. 194a.4 Production of Documents and Tangible Items. The responding party must provide copies of documents and other tangible items with the response unless: (a) the responsive documents are voluminous; (b) the responding party states a reasonable time and place for the production of the documents; (c) the responding party produces the documents at the time and place stated under paragraph (b) unless otherwise agreed by the parties or ordered by the court; and (d) the responding party provides the requesting party a reasonable opportunity to inspect the documents. 194a.5 Work Product Objection Prohibited. A party may not assert a work product privilege for or object on the basis of a work product privilege to a request served under Rule 194a.1. 194a.6 Certain Responses Not Admissible. A response to a request under Rule 194a.2(c) or (d) that has been changed by an amended or supplemental response is not admissible and may not be used for impeachment. Comment to 2023 change: New Rule 194a is added to implement chapter 301 of the Family Code.