What is a Rule 194 request?

What is a Rule 194 Request?

A Rule 194 request is a discovery tool used in civil lawsuits in Texas to obtain specific information or materials from another party without the need for a formal discovery request. Rule 194 of the Texas Rules of Civil Procedure outlines the requirements and procedures for making and responding to such requests.

Purpose of a Rule 194 Request

The primary purpose of a Rule 194 request is to facilitate the exchange of essential information between parties in a lawsuit, thereby promoting transparency and efficiency in the discovery process. By requiring parties to disclose certain information and materials upfront, Rule 194 helps to streamline the discovery process, reduce the burden on the parties, and promote the fair and just resolution of disputes.

Required Disclosures under Rule 194

Rule 194 mandates the disclosure of a wide range of information and materials, including:

• Correct names of the parties to the lawsuit
• Names, addresses, and telephone numbers of any potential parties
• Legal theories and factual bases of the responding party’s claims or defenses
• Amount and method of calculating economic damages
• Names, addresses, and telephone numbers of persons with knowledge of relevant facts and their connection to the case
• Copies or descriptions of documents, electronically stored information, and tangible things that the responding party has and may use to support its claims or defenses
• Indemnity and insuring agreements, settlement agreements, and witness statements
• Medical records and bills in suits alleging physical or mental injury and damages
• Name, address, and telephone number of any responsible third party

Timing and Production of Disclosures

Parties are required to make the initial disclosures within 30 days after the filing of the first answer or general appearance, unless otherwise agreed upon by the parties or ordered by the court. If a party does not produce copies of responsive documents, electronically stored information, and tangible things with the response, the response must state a reasonable time and method for the production of these items. The responding party must produce the items at the specified time and method, unless otherwise agreed or ordered by the court.

No Objection or Assertion of Work Product

It is important to note that no objection or assertion of work product is permitted to a disclosure under Rule 194. This means that parties cannot refuse to disclose information or materials based on claims of privilege or work product protection. However, parties may assert other applicable privileges, such as the attorney-client privilege, using the procedures outlined in Rule 193.3.

Certain Responses Not Admissible

Responses to requests under Rule 194.2(c) and (d) that have been changed by an amended or supplemental response are not admissible and may not be used for impeachment. This provision aims to prevent parties from strategically altering their disclosures to gain an unfair advantage during trial.

Sources

• Rule 194 – Requests for Disclosure
• Rule 194 – Required Disclosures in Suits Not Governed by The Family Code
• Rule 194: Required Disclosures

FAQs

What is a Rule 194 request?

A Rule 194 request is a discovery tool used in civil lawsuits in Texas to obtain specific information or materials from another party without the need for a formal discovery request.

What information is required to be disclosed under Rule 194?

Rule 194 requires the disclosure of a wide range of information and materials, including:

• • Correct names of the parties to the lawsuit

• • Names, addresses, and telephone numbers of any potential parties

• • Legal theories and factual bases of the responding party’s claims or defenses

• • Amount and method of calculating economic damages

• • Names, addresses, and telephone numbers of persons with knowledge of relevant facts and their connection to the case

• • Copies or descriptions of documents, electronically stored information, and tangible things that the responding party has and may use to support its claims or defenses

• • Indemnity and insuring agreements, settlement agreements, and witness statements

• • Medical records and bills in suits alleging physical or mental injury and damages

• • Name, address, and telephone number of any responsible third party

When must Rule 194 disclosures be made?

Parties are required to make the initial disclosures within 30 days after the filing of the first answer or general appearance, unless otherwise agreed upon by the parties or ordered by the court.

How are Rule 194 disclosures produced?

If a party does not produce copies of responsive documents, electronically stored information, and tangible things with the response, the response must state a reasonable time and method for the production of these items. The responding party must produce the items at the specified time and method, unless otherwise agreed or ordered by the court.

Can objections be made to Rule 194 requests?

No objection or assertion of work product is permitted to a disclosure under Rule 194. However, parties may assert other applicable privileges, such as the attorney-client privilege, using the procedures outlined in Rule 193.3.

What happens if a Rule 194 response is changed?

Responses to requests under Rule 194.2(c) and (d) that have been changed by an amended or supplemental response are not admissible and may not be used for impeachment.

What are the benefits of using Rule 194 requests?

Rule 194 requests can help to streamline the discovery process, reduce the burden on the parties, and promote the fair and just resolution of disputes.