This form is a Motion for Discovery of Information Necessary to Receive a Fair Trial. Defendant's counsel requests that the prosecution disclose, and permit an inspection of all statements, written or oral, made by the defendant to any person, at anytime, before or after his arrest, including the name and address of the person(s) to whom the statement(s)were made.
Texas Motion For Discovery Sample For Divorce
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How to fill out Motion For Discovery Of Information Necessary To Receive A Fair Trial?
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Each divorce case in Texas must follow a discovery control plan and, depending on the amount of assets involved in your case, may fall under Level 1, 2 or 3. Tex. Fam. Code § 190.1.
Discovery is the process by which one party requests documents and information from the other party. Discovery can be formal or informal. Family law discovery can be conducted through a voluntary, informal exchange of documents and information.
In Texas, we have open discovery, which means both sides are expected to turn over all of his or her evidence well before trial. The idea behind it is if both parties have access to the same information, then those parties will likely find their way to a reasonable settlement before trial.
You only need to sign and deliver the discovery request to the other party or the other party's attorney. If you are serving a discovery request on a non-party, then the request must be filed. Texas Rules of Civil Procedure Rule 191.4 governs the filing requirement for discovery requests.
Rule 194 of the Texas Rules of Civil Procedure required automatic disclosure of certain information. These were called Initial Disclosures. However, new cases filed as of September 1, 2023 no longer require Initial Disclosures. Instead each side can choose to send Request for Disclosures to the other side.