The goodies just keep flowing from Dale Felton on Facebook in the Texas Family Lawyers group.

NEW RULE 194.4, A HIDDEN TRAP FOR THE UNWARY: There is a potential trap for the unwary in the new Texas Rules of Discovery that go into effect on Jan. 1, 2021. Rule 194.4 requires a party to provide to the other partiesAND FILE (the name and address of each witness, and (2) an identification of all documents and exhibits the party expects to offer. THIS IS THE ONLY MENTION OF THE FILING REQUIREMENT.

Here is the new rule: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;(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. [emphasis added]

(b) Time for Pretrial Disclosures. Unless the court orders otherwise, these disclosures must be made at least 30 days before trial.

This filing requirement could easily be overlooked and cause a party real problems at trial. Rule 194.4 needs to be carefully highlighted in your copy of the new rules when they are published. Be sure PROVIDE TO THE OTHER PARTIES and FILE the information listed in the rule at least 30 days prior to trial.

Dale Felton via Facebook Texas Family Lawyers group