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Texas Bench Trial Discovery Control Plan and Scheduling Order

State:
Texas
Control #:
TX-COL-CNTRL
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Bench Trial Discovery Control Plan and Scheduling Order

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FAQ

In most cases, discovery level 2 (Rule 190.3) governs the timing of discovery. After initial disclosures, you can serve requests for discovery until 30 days before the date set for trial, or the date set by the court.

A case remains in Level 1 or Level 2, as determined by the pleadings, unless and until it is moved to Level 3. To be in Level 3, the court must order a specific plan for the case, either on a party's motion or on the court's own initiative. The plan may be one agreed to by the parties and submitted as an agreed order.

RULE 166. (120) days after all Defendants have appeared the Court shall enter a scheduling order. The order can be as a result of a hearing or telephone conference with the attorneys for the parties and any unrepresented party or by agreement of the parties or their attorneys.

Texas Rules of Civil Procedure Rule 190 identifies the three levels of discovery. In most cases, discovery level 2 (Rule 190.3) governs the timing of discovery. After initial disclosures, you can serve requests for discovery until 30 days before the date set for trial, or the date set by the court.

The court may modify the deposition hours and must do so when a side or party would be given unfair advantage. (3) Interrogatories. Any party may serve on any other party no more than 25 written interrogatories, excluding interrogatories asking a party only to identify or authenticate specific documents.

(1) Requests for production. Each party may serve no more than 25 written requests for production. Each discrete subpart of a request for production is considered a separate request for production.

Every case filed in Texas state court requires the plaintiff to choose a discovery plan: Level One, which applies only for cases where the plaintiff seeks less than $100,000 in damages; Level Two, which applies by default to all other cases and has its own specific set of deadlines; and Level Three, which allows the

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Texas Bench Trial Discovery Control Plan and Scheduling Order