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Msg  12786 of 30658  at  8/20/2016 11:13:50 AM  by

moneyonomics


Texas Level 3 discovery -generally expedites trial date


  190.4 Discovery Control Plan — By Order (Level 3).
(a) Application. The court must, on a party’s motion, and may,
on its own initiative, order that discovery be conducted in
accordance with a discovery control plan tailored to the
circumstances of the specific suit.
The parties may submit an
agreed order to the court for its consideration. The court
should act on a party’s motion or agreed order under this
subdivision as promptly as reasonably possible.
(b) Limitations. The discovery control plan ordered by the court
may address any issue concerning discovery or the matters
listed in Rule 166, and may change any limitation on the time
for or amount of discovery set forth in these rules. The
discovery limitations of Rule 190.2, if applicable, or
otherwise of Rule 190.3 apply unless specifically changed in
the discovery control plan ordered by the court. The plan
must include:
(1) a date for trial or for a conference to determine
a trial setting;

(2) a discovery period during which either all
discovery must be conducted or all discovery
requests must be sent, for the entire case or an
appropriate phase of it;
(3) appropriate limits on the amount of discovery;
and
(4) deadlines for joining additional parties,
amending or supplementing pleadings, and
designating expert witnesses.
 
 
 LEVEL 3. Rule 190.4 regulates cases that require
special attention. The court must, on a party’s motion, and
may on its own initiative, order that discovery be conducted
in accordance with a discovery control plan tailored to the
circumstances of the specifi c suit. The discovery control
plan must include a date for trial or for a conference to
determine a trial setting; a discovery period; appropriate
limits on the amount of discovery; and deadlines for joining
additional parties, amending or supplemental pleadings,
and designating expert witnesses.
 
 
 Criteria for a Level 3 Discovery
Control Plan
190.4 Discovery Control Plan - By
Order (Level 3)
(1) Application. The Court must, on a
party’s motion, and may, on its own
initiative, order that discovery be
conducted in accordance with a
discovery control plan tailored to the
circumstances of the specific suit. The
parties may submit an agreed order to
the court for its consideration. The
court should act on a party’s motion or
agreed order under this subdivision as
promptly as reasonably possible.
Discovery under a Level 3 control plan
is discovery that is conducted and controlled
by a specific court order. See Tex.R.Civ.P.
190.4. Texas Rule of Civil Procedure 190.4
contemplates that the discovery control plan
will be tailored to the circumstances of the
specific suit. Except in extremely large or
complicated cases, this is not likely to happen.
Courts with dockets that are already overcrowded
simply are not going to have the time
to structure a discovery control plan to suit the
requirements of each suit. Rather, there is a
possibility that courts will go the other
direction and you will see cookie-cutter
discovery control plan orders issued by a large
Discovery in Mid-Sized Cases Under the New Rules
By A. Michelle May (December 1998) Page 4
number of courts.
Based on the language of Texas Rule
of Civil Procedure 190.4, if you want a
discovery plan order issued by a court, you are
going to get one. Upon a party’s motion, the
court must implement a discovery control
plan. Id. The drafters of this section
apparently convinced that the courts will not
move quickly in response to a request for a
discovery control plan, left in the provision
that judges should act “as promptly as
reasonably possible” in addressing these
issues. Id. One of the principal reasons that
many litigants, and perhaps judges as well,
will not embrace discovery under Level 3 is
that any discovery control plan order is
required to include a trial date. Accordingly,
if your original petition states that you would
like to operate under Level 3 of the discovery
rules, you may have a trial date staring you in
the face very quickly.
While a court ordered
discovery plan can address any issue
concerning discovery, under Texas Rule of
Civil Procedure 190.4 the plan must include:
(1) a trial date; (2) a discovery period during
which all discovery must be conducted; (3)
appropriate limits on the amount of discovery;
(4) deadlines for joining additional parties;
(5) amending or supplementing pleadings; and
(6) designating expert witnesses.
Tex.R.Civ.P. 190.4(b). There is no guidance
under the rules for what appropriate limits on
the amount of discovery should be. They
could very well be the same as under
discovery control plan Level 2. Tex.R.Civ.P.
190.4(b). Seeking a discovery control order
instead of choosing to operate under Level 1
or Level 2, may largely depend on: (1) your
judge’s views on discovery (how he or she
will implement that in a discovery control
plan); (2) whether you can get a custom made
control plan order; and (3) how that order will
tactically affect your case.
 


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