Rule 194a: Requests for Disclosure in Suits Governed by the Family Code

194a.1 Request.

No later than 30 days before the end of any applicable discovery period, a party may obtain disclosure from another party of the information or material described in Rule 194a.2 by serving the other party the following request: “Under Rule 194a, you are requested to disclose, within 30 days of service of this request, the information or material described in Rule [state rule, e.g., 194a.2, or 194a.2(a), (c), (f), or 194a.2(d)–(g)].”

194a.2 Content.

A party may request disclosure under Rule 194a.1 of any of the following:

(a) the correct names of the parties to the lawsuit;

(b) the name, address, and telephone number of any potential parties;

(c) the legal theories and, in general, the factual bases of the responding party’s claims or defenses (but the responding party need not marshal all evidence that may be offered at trial);

(d) the amount and any method of calculating economic damages;

(e) the name, address, and telephone number of any person having knowledge of relevant facts and a brief statement of each identified person’s connection with the case;

(f) for any testifying expert:

• (1) the expert’s name, address, and telephone number;
• (2) the subject matter on which the expert will testify;
• (3) 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 the responding party, documents reflecting that information; and
• (4) if the expert is retained by, employed by, or otherwise subject to the control of the responding party: (A) 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 (B) the expert’s current resume and biography;

(g) any discoverable settlement agreement described by Rule 192.3(g);

(h) any discoverable witness statement described by Rule 192.3(h);

(i) in a suit alleging physical or mental injury and damages from the occurrence that is the subject of the case:

• (1) all medical records and bills that are reasonably related to the injuries or damages asserted; or
• (2) an authorization permitting the disclosure of the information described by paragraph (i)(1);

(j) in a suit alleging physical or mental injury and damages from the occurrence that is the subject of the case, all medical records and bills obtained by the responding party through an authorization provided by the requesting party; and

(k) the name, address, and telephone number of any person who may be designated as a responsible third party.

194a.3 Response.

The responding party must serve a written response on the requesting party within 30 days after service of the request, except that:

(a) a defendant served with a request before the defendant’s answer is due is not required to respond until 50 days after service of the request; and

(b) a response to a request under Rule 194a.2(f) is governed by Rule 195a.

194a.4 Production of Documents and Tangible Items.

The responding party must provide copies of documents and other tangible items with the response unless:

(a) the responsive documents are voluminous;

(b) the responding party states a reasonable time and place for the production of the documents;

(c) the responding party produces the documents at the time and place stated under paragraph (b) unless otherwise agreed by the parties or ordered by the court; and

(d) the responding party provides the requesting party a reasonable opportunity to inspect the documents.

194a.5 Work Product Objection Prohibited.

A party may not assert a work product privilege for or object on the basis of a work product privilege to a request served under Rule 194a.1.

194a.6 Certain Responses Not Admissible.

A response to a request under Rule 194a.2(c) or (d) that has been changed by an amended or supplemental response is not admissible and may not be used for impeachment.