Discovery
The pretrial process by which parties obtain information from each other and from non-parties relevant to the case. Texas operates a three-tier discovery framework that adjusts the scope and duration of discovery based on case type.
Discovery is the pretrial process by which parties obtain information from each other and from non-parties relevant to the case. Discovery serves to develop evidence for trial, narrow disputed issues, evaluate settlement, and prevent trial-by-ambush. Texas operates a three-tier discovery framework that adjusts the scope and duration of discovery based on case type.
Three Texas discovery levels (TRCP 190)
Level 1 (default, small cases): suits for monetary damages of $250,000 or less. 50 hours of depositions per side. 25 interrogatories per side. Discovery period of 6 months from earlier of service or appearance.
Level 2 (default for larger cases): suits not within Level 1 or Level 3. 50 hours of depositions per side. 25 interrogatories per side. Discovery period through trial date.
Level 3 (court-ordered for complex cases): set by court order on motion or by agreement. Customized to case needs. The default for Texas Business Court matters.
Scope of discovery (TRCP 192.3)
Texas permits discovery of any matter not privileged, that is relevant to the subject matter of the pending action. Relevance is broadly construed, discovery need not be admissible at trial if reasonably calculated to lead to discovery of admissible evidence. The 2015 federal-rules amendments adopted a "proportionality" requirement; Texas has not formally adopted this language but similar principles apply through the trial court's case-management authority.
Discovery devices
Initial disclosures (TRCP 194), automatic disclosure of basic case information. Interrogatories, written questions answered under oath. Requests for production, requests for documents and things. Requests for admission, requests that a party admit specified facts. Depositions, oral testimony under oath. Subpoenas, for non-party discovery.
Privilege and work product
Attorney-client privilege protects confidential communications between attorney and client. Work-product doctrine (TRCP 192.5) protects materials prepared in anticipation of litigation. Both are subject to specific procedural requirements for assertion and waiver.
Sanctions
Failure to comply with discovery obligations may result in sanctions under TRCP 215, ranging from cost-shifting and exclusion of evidence to default judgment in extreme cases.
Discovery typically consumes the majority of pretrial litigation time and costs. The Texas three-tier system produces meaningful efficiency gains for smaller cases but provides little structure for complex commercial disputes (which default to Level 3). Sophisticated discovery practice involves early case assessment, focused written discovery before depositions, and proportionality awareness.
Practice guide: How Long a Business Lawsuit Takes in Texas