Form 5-2

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.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].

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