1. TRCP 194 created a new discovery tool entitled Requests for Disclosure.

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1 Information or instructions: Request for disclosure 1. TRCP 194 created a new discovery tool entitled Requests for Disclosure. 2. Either party may file a request upon the other in order to obtain basic information about the case, parties, theory, etc. 3. The information that may be requested in the Request for Disclosure is contained in TRCP The party filing the request must file the request no later than 30 days prior to the end of any applicable discovery period. 5. The other party must answer the request within 30 days of the service of the request. 6. For a discussion on the rule changes and copies of the new rules see p , Texas Bar Journal December Supreme Court of Texas Misc. Docket No

2 Form: Request for disclosure [Name], PLAINTIFF vs. [Name], DEFENDANT CAUSE NUMBER IN THE [Type of Court] COURT [Court number] REQUEST FOR DISCLOSURE OF [NAME], COUNTY, TEXAS TO: [Name of Other Party], [Plaintiff or Defendant], by and through their attorney of record, [Other Party s Attorney s name and Address]. Pursuant to Rule 194, you are requested to disclose, within 30 days of service of this request, the information or material described in [List the Rule sections that apply 194.2(a-k)]. You are also requested to provide information concerning testifying expert witnesses per TRCP This request is made by [Client's Name] who is the [Plaintiff or Defendant] in this suit. 2. This request has been served prior to the expiration of 30 days before the end of the discovery period which controls this case. 3. You are advised that TRCP Rule 94 states the following: Production. Copies of documents and other tangible items ordinarily must be served with the response, but if the responsive documents are voluminous, the response must state a reasonable time and place for the production of the documents. The responding party must produce the documents at the time and place stated, unless otherwise agreed by the parties or ordered by the court, and must provide the requesting party a reasonable opportunity to inspect them No Objection. No objection or assertion of work product is permitted to a request under this rule.

3 4. Requested information: Rule 194.2(a). Request: the correct names of the parties to the lawsuit (b) 194.2(c) the name, address and telephone number of any potential parties. the legal theories, and in general, the factual bases of your claims or defenses (you need not marshal all evidence that may be offered at trial) (d) 194.2(e) the amount and method of calculating economic damages. the name, address, and telephone number of persons having knowledge of relevant facts, and a brief statement of each identified person's connection with the case (f) for any testifying expert: 1. the expert's name, address and telephone number: 2. the subject matter on which the expert will testify; 3. the general substance of the expert's mental impressions and opinions and a brief summary of the basis for them, or if the expert is not obtained by you, employed by you, or otherwise subject to your control, documents reflecting such information; control: 4. if the expert is retained by you, employed by you, or otherwise subject to your A. all documents, tangible things, reports, models or data compilations that have been provided to you, reviewed by you, or prepared by or for the expert in anticipation of the expert's testimony; and B. the expert's current resume and bibliography;

4 194.2(g) (h) (i). any discoverable indemnity and insuring agreements. any discoverable settlement agreements; any discoverable witness statements; 194.2(j). in a suit alleging physical or mental injury and damages from the occurrence that is the subject of the case, all medical records and bills that are reasonably related to the injuries or damages asserted or, in lieu thereof, an authorization permitting the disclosure of such medical records and bills; 194.2(k). in a suit alleging physical or mental injury and damages from the occurrence that is the subject of the case, all medical records and bills obtained by you by virtue of an authorization furnished by Plaintiff. 4. Your response should be delivered to the attorney s address stated below within 30 days of service of this request. Respectfully Submitted, [Law Firm Name] By [Attorney s Name] Attorney for [Plaintiff, Defendant or Movant] [Attorney s Address] [Telephone Number] [Facsimile Number] [Bar Card Number] CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing Request for Disclosure has been served upon all attorneys of record and any parties who are not represented by an attorney on.

5 Attorney for: Attorney s name: Attorney s Address [Other attorney s client s name] [Other attorney s name] [Other attorney s address] Type of Service: U.S. Mail, certified return receipt requested No.. U.S. Mail, first class. Hand delivery by [name of delivery service]:. Facsimile transmission to [fax number] before 5 p.m. [Name of Client's Attorney]

6 Form: Transmittal letter to opposing attorney regarding the request for disclosure [Opposing Attorney s name] [Opposing Attorney s Address] Regarding [Style of the case] [Date] A Regarding A Request for Disclosure Dear [Opposing Attorney s Salutation]: Enclosed please find a Request for Disclosure in the above and entitled cause. Pursuant to TRCP 194 you are requested to provide the requested information at my offices within 30 days from the date you received this request. Please call me if you have any questions or wish to discuss your response to this request. Sincerely, [Attorney s name] Certified Mail Return Receipt Requested Number: