Texas Rule of Civil Procedure 190.3 governs the discovery period and discovery limits in Level 2 cases, which apply by default in most Texas civil litigation. Unless a case qualifies for Level 1 discovery or the court orders a Level 3 discovery control plan, discovery proceeds under Level 2.
Understanding the Level 2 discovery period is essential for tracking deadlines, planning depositions, and avoiding untimely discovery.
When Level 2 Discovery Applies
Level 2 discovery applies to all cases that are not governed by Rule 190.2 (Level 1) and are not subject to a court-ordered Level 3 discovery control plan under Rule 190.4.
In practical terms, this means most civil cases in Texas—including personal injury, commercial disputes, and product liability cases—are governed by Level 2 discovery unless the pleadings or the court dictate otherwise.
The Level 2 Discovery Period
Under Rule 190.3(b)(1), the Level 2 discovery period:
- Begins when the suit is filed, and
- Ends at the earlier of:
- 30 days before the date set for trial; or
- Nine months after the earlier of:
- the date of the first oral deposition, or
- the due date of the first response to written discovery.
This “earlier of” structure is critical. In many cases, the discovery period closes before a trial date is even set.
How the Discovery Period Commonly Ends
In practice, the Level 2 discovery period often closes based on the nine-month deadline (except in the rare case of an early trial setting).
For example:
- If written discovery responses are due early in the case, the nine-month clock may begin running long before depositions occur.
- Once the nine-month deadline is reached, discovery closes automatically unless the court orders otherwise.
Because of this, parties must plan discovery early and track deadlines carefully.
Depositions Under Level 2
Rule 190.3(b)(2) limits oral deposition time in Level 2 cases:
- Each side is limited to 50 total hours of oral depositions.
- The limit applies to:
- parties on the opposing side,
- designated experts, and
- persons subject to the opposing side’s control.
The term “side” refers to all litigants with generally common interests. In most cases, this means:
- all plaintiffs collectively, and
- all defendants collectively.
If a side designates more than two experts, the opposing side receives six additional hours of deposition time for each additional expert.
The court may—and must when fairness requires—modify deposition limits to prevent unfair advantage.
Interrogatory Limits in Level 2
Under Rule 190.3(b)(3):
- A party may serve no more than 25 written interrogatories on another party.
- Interrogatories that ask only for identification or authentication of documents do not count toward the limit.
- Each discrete subpart counts as a separate interrogatory.
The number of interrogatory sets is not limited, but the total number of interrogatories is.
Other Discovery Tools
While Rule 190.3 expressly limits depositions and interrogatories, other forms of discovery—such as requests for production, requests for admission, and requests for disclosure—are governed by the applicable rules and are not numerically capped by Rule 190.3 itself.
However, all discovery must still:
- fall within the discovery period, and
- comply with proportionality and relevance requirements.
Modifying the Level 2 Discovery Period
The court may modify discovery limits or deadlines at any time. In addition, Rule 190.5 requires courts to allow additional discovery in certain circumstances, such as when:
- new or amended pleadings or discovery responses are served too late for adequate follow-up discovery; or
- material issues change after the discovery cutoff and trial is set more than three months later.
Absent a court order, however, discovery closes automatically when the Level 2 discovery period ends.
Practical Takeaways for Level 2 Cases
- Level 2 applies by default in most Texas civil cases
- The discovery period often ends based on the nine-month deadline, not the trial date
- Deposition time is capped at 50 hours per side, subject to adjustment
- Interrogatories are capped at 25 per party
- Discovery closes automatically unless modified by court order
Careful calendaring of the Level 2 discovery period is critical to avoid lost discovery opportunities.
Always confirm discovery deadlines and limits based on the specific facts of the case and any court-ordered discovery control plan.
Related resources:
- Texas Rule of Civil Procedure 190 – Discovery Limitations
- Texas Discovery Period – Level 1
- Texas Discovery Control Plan – Level 3
- Common Discovery Deadline Mistakes in Texas Cases