I feel like everyone should know by now that we have new discovery rules that have changed the game on a lot of things. Example, we don’t *send* a request for disclosure anymore. Instead, there’s a set of mandatory disclosures that are automatic and have deadlines with serious consequences. Much like the federal discovery rules, Texas has this list that you have to just turn over. This includes any documents that support your claims or defenses. And Rule 215 automatic exclusion applies if you don’t. So you don’t want to be that lawyer who gets to a temporary hearing and hasn’t responded to disclosures and gets all of your evidence stricken. Don’t be that guy! Your malpractice insurance carrier thanks you. As one Judge pointed out, the Texas Supreme Court’s COVID rules allows judges wide latitude in softening most of the harsh blows that might happen, but one of these days those COVID orders are going to disappear and things will be back to normal rules with limited discretion.
Anyway, here’s the powerpoint: A Practical Guide to the New Mandatory Discovery
If you’re bar association or group of lawyers wants me to present my approved 1.0 hour CLE talk about the new discovery rules, let me know! I’ve done this presentation to many bar groups all over the state via zoom. I will also come in person if you’re group is local OR if you are paying my travel expenses.