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Rule 190.2. Discovery Control Plan-Expedited Actions and Divorces Involving $250,000 or Less (Level 1) (2021)
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(a) Application. This subdivision applies to:
(1) any suit that is governed by the expedited actions process in Rule 169; and
(2) unless the parties agree that rule 190.3 should apply or the court orders a discovery control plan under Rule 190.4, any suit for divorce not involving children in which a party pleads that the value of the marital estate is more than zero but not more than $250,000.
(b) Limitations. Discovery is subject to the limitations provided elsewhere in these rules and to the following additional limitations:
(1) Discovery period. All discovery must be conducted during the discovery period, which begins when the first initial disclosures are due and continues for 180 days.(2) Total time for oral depositions. Each party may have no more than 20 hours in total to examine and cross-examine all witnesses in oral depositions. The court may modify the deposition hours so that no party is given unfair advantage.
(3) Interrogatories. Any party may serve on any other party no more than 15 written interrogatories, excluding interrogatories asking a party only to identify or authenticate specific documents. Each discrete subpart of an interrogatory is considered a separate interrogatory.
(4) Requests for Production. Any party may serve on any other party no more than 15 written requests for production. Each discrete subpart of a request for production is considered a separate request for production.
(5) Requests for Admissions. Any party may serve on any other party no more than 15 written requests for admissions. Each discrete subpart of a request for admission is considered a separate request for admission.
(c) Reopening Discovery. If a suit is removed from the expedited actions process in Rule 169 or, in a divorce, the filing of a pleading renders this subdivision no longer applicable, the discovery period reopens, and discovery must be completed within the limitations provided in Rules 190.3 or 190.4, whichever is applicable. Any person previously deposed may be redeposed. On motion of any party, the court should continue the trial date if necessary to permit completion of discovery.
Amended by order of Dec. 23, 2020, eff. Jan. 1, 2021.
Comment to 2021 change: Rule 190.2 is amended to implement section 22.004(h-1) of the Texas Government Code. Under amended Rule 190.2, Level 1 discovery limitations now apply to a broader subset of civil actions: expedited actions under Rule 169, which is also amended to implement section 22.004(h-1) of the Texas Government Code, and divorces not involving children in which the value of the marital estate is not more than $250,000. Level 1 limitations are revised to impose a twenty-hour limit on oral deposition. Disclosure requests under Rule 190.2(b)(6) and Rule 194 are now replaced by required disclosures under Rule 194, as amended. The discovery periods under Rules 190.2(b)(1) and 190.3(b)(1) are revised to reference the required disclosures.| Prior Amendments | Future Amendments |
|---|---|
| Aug. 4, 1998, eff. Jan. 1, 1999 | Nov. 17, 2023, eff. Sept. 1, 2023 |
| Nov. 9, 1998, eff. Jan. 1, 1999 | |
| Feb. 12, 2013, eff. Mar. 1, 2013 |