4. Discovery
Discovery is the formal exchange of information. Common tools are requests for production (Tex. R. Civ. P. 196), interrogatories (197), requests for admissions (198), and depositions (199). Responses are generally due in 30 days. Requests for admissions that go unanswered are deemed admitted (Tex. R. Civ. P. 198.2(c)), so never ignore them.
- Discovery levels: Level 1 applies to divorces with no children and a marital estate of $250,000 or less (Tex. R. Civ. P. 190.2). Otherwise Level 2 or a Level 3 court order applies.
- Per TexasLawHelp.org, family cases filed on or after Sept. 1, 2023 no longer have mandatory Required Initial Disclosures. Check your county's local rules and standing orders for what documents must be exchanged before a hearing.
- Check your local rules for motion-to-compel requirements and any standard form protective order for discovery.
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