Here is an excellent summary on required disclosures (emphasizing the required initial disclosures) published on Facebook by Dale Felton. He has a new book coming that looks to be a must-have item for this revolutionary change in discovery rules. I recall the 1998 upheaval in discovery. This may exceed that experience.
The Texas Supreme Court has published its final changes to the Texas Rules of Civil Procedure, and they are SIGNIFICANTLY DIFFERENT, in my opinion, from those that were previously ordered. Some were modified by changing a word or two, others were completely modified, and some were eliminated altogether. It is imperative that you read and study the changes to determine how they apply to your practice. They are in a word revolutionary. The following are the changes I think are the most significant:
A. 194.2 Initial Disclosures. (b) Content.
Without awaiting a discovery request, a party must provide to the other parties:(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;
B. 194.2 Initial Disclosures.(c) Content in Certain Suits Under the Family Code.
(1) In a suit for divorce, annulment, or to declare a marriage void, a party must, without awaiting a discovery request, provide to the other party the following, for the past two years or since the date of marriage, whichever is less: (A) all deed and lien information on any real property owned and all lease information on any real property leased; (B) all statements for any pension plan, retirement plan, profit-sharing plan, employee benefit plan, and individual retirement plan; (C) all statements or policies for each current life, casualty, liability, and health insurance policy; and (D) all statements pertaining to any account at a financial institution, including banks, savings and loans institutions, credit unions, and brokerage firms.
(2) In a suit in which child or spousal support is at issue, a party must, without awaiting a discovery request, provide to the other party: (A) information regarding all policies, statements, and the summary description of benefits for any medical and health insurance coverage that is or would be available for the child or the spouse; (B) the party’s income tax returns for the previous two years or, if no return has been filed, the party’s Form W-2, Form 1099, and Schedule K-1 for such years; and (C) the party’s two most recent payroll check stubs.
C. 194.2 Initial Disclosures. (d) 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 under the Family Code filed by or against the Title IV-D agency in a Title IV-D case; (5) a child protection action under Subtitle E, Title 5 of the Family Code; (6) a protective order action under Title 4 of the Texas Family Code; (7) other actions involving domestic violence; and (8) an action on appeal from a justice court.
D. IMPORTANT.
One may no longer serve discovery requests with a citation. I am going to publish my new book on Texas Discovery Law as soon as I can incorporate the final changes according to the Supreme Court’s order, with all of the changes highlighted. For those that want on the announcement list for the book, please send me an email to dwf@dalefelton.com, with just the subject “discovery.”
This is a good follow-on to my earlier blog piece on Rule 194 and the new required disclosures with references to yet other materials.
References
Felton, D. (2020, December 27). Facebook Texas Family Lawyers Group. https://www.facebook.com/groups/316750041700600
