This form is for use only in cases filed on or after September 1, 2023. Prior 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, eliminated the request for disclosure and provided instead for required disclosure, without request, of an expanded list of items of discovery. For required disclosures for cases filed on or after January 1, 2021, and on or before August 31, 2023, see forms 5-18 through 5-20.
The request for disclosure may identify the information or material requested merely by reference to rule 194.2 or the specific subdivision of rule 194.2 in which the item is described. Tex. R. Civ. P. 194.1. The following form incorporates the full description of the categories in the rule, however, so that neither party’s attorney need spend further time and expense explaining to the client what information or material is being requested, and so that a pro se receiving party can readily understand how to respond to the request. Pending changes to rule 194, as it pertains to family law cases, may enlarge the list of items that may be requested under the rule.
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Include the following notice if a minor is named in the caption or if the document 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.]
[Petitioner/Respondent]’s Request for Disclosure
To: [name], by and through [his/her] attorney of record, [name and address of attorney].
Pursuant to rule 194a of the Texas Rules of Civil Procedure and subchapter B, chapter 301, Family Code, you are requested to disclose the information or material described below within [thirty/fifty] days after service of this request. The originals or copies of documents and other tangible items requested must be produced for inspection and copying at [address] within [thirty/fifty] days after service of this request, together with a written response. Each written response must be preceded by the request to which it applies. No objection or assertion of work product privilege is permitted to this request. If you fail to comply with this request, the court may order sanctions against you in accordance with the Texas Rules of Civil Procedure. Your response must be signed.
[Name]
Attorney for [Petitioner/Respondent]
State Bar No.:
[Email address]
[Address]
[Telephone]
[Fax]
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For certificate of service, see form 21-11. |
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Select only as applicable. |
Disclosure Request
1.State the correct names of the parties to the lawsuit.
2.State the names, addresses, and telephone numbers of any potential parties.
3.State the legal theories and, in general, the factual bases of the claims or defenses of [name of responding party]. (You need not marshal or compile all evidence that may be offered at trial.)
4.State the amount and any method of calculating economic damages.
5.State the names, addresses, and telephone numbers of persons having knowledge of relevant facts, and give a brief statement of each identified person’s connection with the case.
6.For any testifying expert—
a.state the expert’s name, address, and telephone number;
b.state the subject matter on which the expert will testify;
c.state the general substance of the expert’s mental impressions and opinions and a brief summary of the basis for them or, if the expert is not retained by, employed by, or otherwise subject to the control of [name of responding party], documents reflecting such information;
d.if an expert is retained by, employed by, or otherwise subject to the control of [name of responding party], produce the originals or copies of the following:
i.all documents, tangible things, reports, models, or data compilations that have been provided to, reviewed by, or prepared by or for the expert in anticipation of the expert’s testimony; and
ii.the expert’s current resume and bibliography.
7.Produce the originals or copies of any discoverable settlement agreements described in rule 192.3(g) of the Texas Rules of Civil Procedure. Rule 192.3(g) provides in part as follows:
Settlement Agreements. A party may obtain discovery of the existence and contents of any relevant portions of a settlement agreement.
8.Produce the originals or copies of any discoverable witness statements described in rule 192.3(h) of the Texas Rules of Civil Procedure. Rule 192.3(h) provides in part as follows:
Statements of Persons with Knowledge of Relevant Facts. A party may obtain discovery of the statement of any person with knowledge of relevant facts—a “witness statement”—regardless of when the statement was made. A witness statement is (1) a written statement signed or otherwise adopted or approved in writing by the person making it, or (2) a stenographic, mechanical, electrical, or other type of recording of a witness’s oral statement, or any substantially verbatim transcription of such a recording. Any person may obtain, upon written request, his or her own statement concerning the lawsuit, which is in the possession, custody or control of any party.
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Include 9. and/or 10. only in a suit alleging physical or mental injury and damages from the occurrence that is the subject of the case. |
9.Produce the originals or copies of (a) all medical records and bills that are reasonably related to the injuries or damages asserted or (b) an authorization permitting the disclosure of such medical records and bills.
10.Produce the originals or copies of all medical records and bills obtained by [name of responding party] by virtue of an authorization furnished by [name of requesting party].
11.State the name, address, and telephone number of any person who may be designated as a responsible third party.