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Chapter 5

Form 5-2

Include the following notice if a minor is named in the caption or if the order contains other unredacted sensitive data. See § 6 of the Introduction in volume 1 of this manual concerning protection of sensitive data in filed documents.

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:

The following are examples.

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.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 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].

Or

7.Trial Setting.      This case is set for trial on the merits on [specify date, time, and court].

Include provisions for other discovery matters as applicable.

SIGNED on ________________________________.

   
JUDGE PRESIDING