Texas Rule of Civil Procedure 190 governs discovery limitations in Texas civil cases. The rule establishes three discovery control plans—Level 1, Level 2, and Level 3—and requires that every case be governed by one of them at all times.
Which discovery level applies determines the scope, duration, and limits of discovery in the case.
Rule 190.1 — Discovery Control Plan Required
Every case must be governed by a discovery control plan under Rule 190.
The plaintiff must allege in the first numbered paragraph of the original petition whether discovery is intended to be conducted under Level 1, Level 2, or Level 3.
This pleading requirement serves to notify the court and the parties of the plaintiff’s intent. It does not bind the court or other parties, and failure to plead Level 1 does not waive its application if the case otherwise qualifies.
Rule 190.2 — Level 1 Discovery
Expedited Actions and Certain Divorces
When Level 1 Applies
Level 1 applies to:
- Suits governed by the expedited actions process under Rule 169; and
- Divorces not involving children in which a party pleads that the value of the marital estate is more than zero but not more than $50,000, unless the parties agree to Level 2 or the court orders a Level 3 plan.
Rule 190.2 does not apply to suits for injunctive relief or divorces involving children.
Level 1 Discovery Limitations
Discovery is subject to the following limitations:
Discovery Period
The discovery period:
- Begins when the suit is filed; and
- Ends 180 days after the date the first request for discovery of any kind is served.
Oral Depositions
- Each party has no more than six total hours to examine and cross-examine all witnesses.
- The parties may agree to expand the limit up to ten hours total.
- Additional time requires a court order.
- The court may modify deposition hours to prevent unfair advantage.
Interrogatories
- No more than 15 written interrogatories per party.
- Interrogatories seeking only identification or authentication of documents do not count.
- Each discrete subpart counts as a separate interrogatory.
Requests for Production
- No more than 15 written requests for production per party.
- Each discrete subpart counts separately.
Requests for Admission
- No more than 15 written requests for admission per party.
- Each discrete subpart counts separately.
Requests for Disclosure
In addition to disclosures under Rule 194.2, a party may request disclosure of:
- All documents, electronic information, and tangible items in the responding party’s possession, custody, or control that may be used to support claims or defenses.
A request for disclosure under this provision is not a request for production.
Reopening Discovery Under Level 1
If a case is removed from the expedited actions process, or a divorce no longer qualifies under Rule 190.2:
- Discovery reopens under Rule 190.3 or 190.4, as applicable;
- Previously deposed persons may be redeposed; and
- The court should continue the trial date if necessary to permit completion of discovery.
Rule 190.3 — Level 2 Discovery
Discovery Control Plan by Rule
When Level 2 Applies
Unless a case is governed by Level 1 or a court-ordered Level 3 plan, discovery proceeds under Level 2 by default.
Level 2 Discovery Limitations
Discovery Period
The discovery period begins when suit is filed and continues until:
- Family Code cases: 30 days before trial; or
- All other cases: the earlier of
- 30 days before trial; or
- Nine months after the earlier of:
- the first oral deposition; or
- the due date of the first response to written discovery.
Oral Depositions
- Each side may have no more than 50 total hours of oral deposition time.
- The limit applies to parties, designated experts, and persons subject to a party’s control.
- If a side designates more than two experts, the opposing side receives six additional hours per additional expert.
- The court must modify deposition limits if a party or side would otherwise receive an unfair advantage.
Interrogatories
- No more than 25 written interrogatories per party.
- Identification or authentication interrogatories do not count.
- Each discrete subpart counts separately.
Rule 190.4 — Level 3 Discovery
Discovery Control Plan by Court Order
When Level 3 Applies
The court must order a Level 3 discovery control plan on a party’s motion and may do so on its own initiative. The parties may submit an agreed discovery plan for the court’s consideration.
Until a Level 3 plan is ordered, a case that does not fall under Level 1 proceeds under Level 2.
Contents of a Level 3 Plan
A Level 3 discovery control plan may modify any discovery limitation and must include:
- A trial date or a conference date to determine a trial setting;
- A defined discovery period;
- Appropriate limits on the amount of discovery; and
- Deadlines for:
- joining additional parties,
- amending pleadings, and
- designating experts.
Rule 190.5 — Modification of Discovery Control Plan
The court may modify a discovery control plan at any time and must do so when the interest of justice requires.
Unless the case is governed by the expedited actions process, the court must allow additional discovery related to:
- New or amended pleadings or discovery responses made after the discovery deadline, where failure to allow discovery would cause unfair prejudice; or
- Matters that materially change after the discovery cutoff when trial is postponed more than three months.
Rule 190.6 — Certain Discovery Excepted
Rule 190’s discovery limitations do not apply to:
- Depositions before suit under Rule 202; or
- Discovery in aid of enforcement of judgment under Rule 621a.
Rule 202 may not be used to circumvent the limitations imposed by Rule 190.
Key Takeaways
- Level 1 and Level 2 impose strict temporal limits
- Level 2 applies by default unless another level governs
- Level 3 requires a court order and may tailor discovery to the case
- Discovery limits may be modified when justice requires
Related resources:
- Texas Discovery Deadlines Overview
- Level 1 vs Level 2 Discovery Comparison Chart
- Common Discovery Limit Mistakes in Texas Cases