“If you fail to prepare, you’re prepared to fail.” – Olympian Mark Spitz
TRCP Rules 47, 99, 169 – The threshold for the amount in controversy has changed from $100,000.00 or less to $250,000.00 or less. The citation must notify the Defendant about the requirements of the Initial Disclosures.
Discovery Limitations TRCP Rule 190 – Regardless of which Discovery Level is assigned to a matter, the discovery period starts on the date the Initial Disclosures are due.
Discovery TRCP Rules 192-193 – Your attorneys can no longer serve written discovery requests with their Original Answer and must wait for the discovery period to start. Failure to timely respond to discovery will preclude the use of the evidence unless the court finds good cause.
TRCP Rule 194 Required Disclosures – The old Written Request for Disclosures has been replaced with mandatory Initial Disclosures which must be made within 30 days after the filing of the original Answer.
Rule 194.2(b) Initial Disclosures – Initial Disclosures require a description of all documents the responding party has in its possession that may be used to support its claims or defenses (excluding impeachment evidence). Otherwise, Initial Disclosures provide the same information as Responses to Requests for Disclosure.
TRCP Rules 194.3-194.4 Required Disclosures – Witness and exhibit lists must be exchanged between parties at least 30 days before trial unless the information will be used solely for impeachment.
TRCP Rules 195 Discovery of Testifying Expert Witness –
- Per usual, experts must be disclosed without awaiting a request. The information that must be provided is the expert’s contact, subject matter of testimony, general substance of his or her opinions, tangible texts relied on for his or her report, and curriculum vitae. Pursuant to the new rules additional items must be provided including the expert’s qualifications and publications, a list of all other cases during the previous four years in which the expert testified, and compensation to be paid for experts’ study and testimony in the case.
- Protected items include communications between attorney and expert as well as drafts of the expert reports unless the subject matter is compensation, facts about the date the attorney engaged the expert, and the information that the attorney provided to expert about the case.
TRCP Rules 196-198 Discovery Responses – There is no longer a 50-day response window for written discovery served with a Petition. Now, discovery can only be requested after Initial Disclosures are due (start of the discovery period).
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