Texas Rule 194 Initial Disclosures

What are “Initial Disclosures”?

The Texas Rules of Civil Procedure underwent substantial modifications for civil matters as of January 1, 2021. Improving the efficiency and cost-effectiveness of cases was the aim. Initial disclosures must be made without either party asking the material. They are no longer a part of the official discovery process.

The time limit for both parties to respond to initial disclosures is 30 days following the filing of an answer or the opposing party’s general appearance. This appearance is frequently a waiver of service. There are now no justifications for not sharing the material. A party’s case could be impacted greatly if they do not.

CHANGE IN LAW! All family law cases filed after September 1, 2023, no longer need to exchange the previously mandatory Required Initial Disclosures.

194.1 Duty to Disclose; Production

1. Duty to Disclose. Except as exempted by Rule 194.2(d) or as otherwise agreed by the parties or ordered by the court, a party must provide the information described in Rule 194.2, 194.3, and 194.4. This must be done without awaiting a discovery request.
2. Production. Copies of documents and other tangible items ordinarily must be served with the response. However, if the responsive documents are voluminous, the response must state a reasonable time and place for the production. The responding party must produce the documents at the time and place stated. This is necessary unless otherwise agreed by the parties or ordered by the court. The responding party must provide the requesting party a reasonable opportunity to inspect them.

194.2 Initial Disclosures

1. The names of the parties involved
2. The names, addresses, and telephone numbers of any other potential parties
3. The legal theories and factual bases of the responding party’s defenses
4. Computation of each category of damages claimed by the responding party, as well as the evidence that backs that computation
5. The names, addresses, and telephone numbers of anyone connected to the case, with a statement describing their connection
6. A copy of information that the responding party can use to support their claims
7. Any indemnity and insuring agreements described in Rule 192.3(f)
8. Settlement agreements described in Rule 192.3(g)
9. Witness statements described in Rule 192.3(h)
10. Medical records and bills supporting allegations of physical or mental injury
11. Medical records and bills obtained by virtue of an authorization furnished by the requesting party
12. The names, addresses, and telephone numbers of anyone who may be a responsible third party

There are further instructions for certain types of cases, in particular family cases.

In a suit for divorce, annulment, or to declare a marriage void, a party must provide to the other party the following, for the past two years or since the date of marriage, whichever is less:

1. all deed and lien information on any real property owned and all lease information on any real property leased;
2. all statements for any pension plan, retirement plan, profit-sharing plan, employee benefit plan, and individual retirement plan;
3. all statements or policies for each current life, casualty, liability, and health insurance policy; and
4. all statements pertaining to any account at a financial institution, including banks, savings and loans institutions, credit unions, and brokerage firms.

In a suit in which child or spousal support is at issue, a party must, without awaiting a discovery request, provide to the other party:

1. information regarding all policies, statements, and the summary description of benefits for any medical and health insurance coverage. This includes coverage that is or would be available for the child or the spouse;
2. the party’s income tax returns for the previous two years or, if no return has been filed, the party’s Form W-2, Form 1099, and Schedule K-1 for such years; and
3. the party’s two most recent payroll check stubs.

There is a lot of information that can be required, so it is important that you start collating your documents as soon as possible. If you are in the process of filing a case, it is a good idea to start the process even prior to filing your petition. If you are responding to a petition, you must start the process immediately. This ensures you have all the necessary information ready on time.

194.3 Testifying Expert Disclosures

In addition to the disclosures required by Rule 194.2, a party must disclose testifying expert information as provided by Rule 195. This information must be given to the other parties.

194.4 Pretrial Disclosures

1. In General. In addition to the disclosures required by Rule 194.2 and 194.3, a party must provide the following information about the evidence. This includes information it may present at trial other than solely for impeachment:
   1. the name and, if not previously provided, the address, and telephone number of each witness-separately. Identifying those the party expects to present and those it may call if the need arises;
   1. an identification of each document or other exhibits, including summaries of other evidence-separately identifying those items the party expects to offer and those it may offer if the need arises.
2. Time for Pretrial Disclosures. Unless the court orders otherwise, these disclosures must be made at least 30 days before trial.
3. Proceedings Exempt from Pretrial Disclosure. An action arising under the Family Code filed by or against the Title IV-D agency in a Title IV-D case is exempt from pretrial disclosure. However, a court may order the parties to make particular disclosures. It also sets the time for disclosure.

What occurs if I fail to provide the necessary details to the other side?

Court sanctions may follow misuse of the discovery process, including requesting more than you are entitled to or refusing to comply with demands. (See Texas Rule of Civil Procedure 193.6(a)) You may be prohibited from conducting additional discovery. Also, you may not be permitted to use specific evidence at your hearing or trial.