Form 5-2

Previous amendments to the Texas Rules of Civil Procedure effective for cases filed on or after Janu­ary 1, 2021, and on or before August 31, 2023, governed required initial disclosures. See Tex. R. Civ. P. 194.2. Cases filed on or after September 1, 2023, are governed by title 6 of the Texas Family Code, generally removing the requirement of initial disclosures for cases governed by the Family Code. See Tex. R. Civ. P. 194a. For the form below, please note instances that reflect these amendments and select options accordingly depending on the facts and circumstances of the case. For a more in-depth discussion surrounding disclosure rules, see the practice notes for chapter 5.

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

[Caption. See § 3 of the Introduction in volume 1 of this manual.]

Agreed Order on Motion for Discovery Control Plan

On [date] the Court considered the Motion for Discovery Control Plan of [name of movant].

The Court finds that the parties have agreed to a discovery control plan as set forth in this order. The Court approves the parties’ agreement and ORDERS:

1.Discovery Period.      All discovery must be conducted during the discovery period, which begins on the date this order is signed and continues until [[date]/thirty days before the date set for trial].

2.Total Time for Oral Depositions.      Each party may have no more than [number] hours in oral depositions to examine and cross-examine deposition witnesses. Each party may examine up to [number] witnesses, including expert witnesses. Depositions will be noticed at least [number] days in advance of the deposition.

3.Interrogatories.      Each party may serve no more than [number] written interroga­tories on the other party.

4.Sworn Inventory and Appraisement.      Each party shall provide the other party with a sworn inventory and appraisement substantially in the form and detail set forth in the current edition of Texas Family Law Practice Manual, form 7-1, by [date].

5.Disclosure.      As applicable, each party shall provide the information required by the Texas Rules of Civil Procedure and section 301.052 of the Texas Family Code no later than [date].

5.Required Initial Disclosures.      Each party shall provide the information required by rule 194.2 of the Texas Rules of Civil Procedure no later than [date].

6.Deadlines

a.All additional parties must be joined by [date].

b.All amended or supplemental pleadings must be filed by [date].

c.All experts must be designated by [date].

d.All responses to requests for production must be answered or supplemented by [date], and no responses or supplemental responses to requests for produc­tion shall be permitted after that date without prior leave of this Court.

e.All answers to interrogatories must be served or supplemented by [date], and no responses or supplemental answers to interrogatories shall be permitted after that date without prior leave of this Court.

f.All disclosure responses must be supplemented by [date], and no supplemen­tal disclosure responses shall be permitted after that date without prior leave of this Court.

f.All required disclosures must be supplemented by [date], and no disclosures or supplemental disclosures shall be permitted after that date without prior leave of this Court.

7.Conference to Determine Trial Setting.      Each party shall appear for a conference to determine trial setting on [date].

7.Trial Setting.      This case is set for trial on the merits at [time] on [date].

All participants, including Respondent, [name], are ORDERED to appear on the date and at the time set for the hearing physically in the courtroom of this Court at [address, city], Texas. Participants may appear before the Court by other means only if permitted by court order. The Court’s designated contact information [is [court’s designated contact informa­tion]/can be found at [specify where the court publishes this information]].

All participants, including Respondent, [name], are ORDERED to appear on the date and at the time set for the hearing by [state method, e.g., Zoom, telephone] using the follow­ing information: [information for accessing meeting, e.g., Zoom meeting ID and passcode, conference call number]. Participants may appear before the Court by other means only if per­mitted by court order. The Court’s designated contact information [is [court’s designated con­tact information]/can be found at [specify where the court publishes this information]]. Any participant who cannot participate by the electronic means set forth in this notice, has a tech­nological issue preventing effective electronic participation, or needs assistance joining the hearing is ORDERED to contact the Court as soon as the issue is discovered.

All participants, [including/except] Respondent, [name], are ORDERED to appear on the date and at the time set for the hearing either physically in the courtroom of this Court at [address, city], Texas, or by [state method, e.g., Zoom, telephone] using the following infor­mation: [information for accessing meeting, e.g., Zoom meeting ID and passcode, conference call number]. [Include if applicable: Respondent is ORDERED to appear on the date and at the time set for the hearing physically in the courtroom described above.] Participants may appear before the Court by other means only if permitted by court order. The Court’s designated con­tact information [is [court’s designated contact information]/can be found at [specify where the court publishes this information]]. Any participant who cannot appear physically in the courtroom and who cannot participate by the electronic means set forth in this notice, has a technological issue preventing effective electronic participation, or needs assistance joining the hearing is ORDERED to contact the Court as soon as the issue is discovered.

Failure of a participant to appear as directed may have prejudicial consequences, including the issuance of an order by default affecting a participant’s rights; dismissal of a participant’s existing claims, if any; monetary sanctions; or other consequences that detrimen­tally affect a participant’s ongoing involvement in the litigation.

Instructions for submitting evidence: [See the Court’s instructions attached to this order./See the Court’s instructions available at [specify where the court publishes this infor­mation].]

Additional instructions for participating in the trial: [None/See the Court’s instructions attached to this order./See the Court’s instructions available at [specify where the court pub­lishes this information].]

SIGNED on ________________________________.

   
JUDGE PRESIDING