Legal Question in Civil Litigation in Texas

Disclosure / Discovery Period

I am suing my appraisal district and recently received their request for disclosure. It says I have 30 days to respond to their request, asking information such as the name and subject matter of any experts I may retain. Do I have to disclose this information at this time? 30 days isn't a lot of time to have already hired an appraiser. Is it enough to say I will hire an apraiser/expert testimony who will show unequal tax appraisals between my home and comparables? Also, as I am starting this Pro Se, and understand the judicial bias inherent in the process against Pro Se litigants, am I able to also state I will hire representation if this issue can not be satisfactorily resolved prior to trial? Finally, the scheduling order I just received from the District Court, says ''discovery'' in the case will be controlled under Rule 190.3 (level 2) of the Texas Rules of Civil Procedure, and set the trial date for June, 2003. How do I find out how long the discovery period lasts? Does Rule 190.3 explain this? (I am having trouble finding Texas Rules of Civil Proceedure on the net).

THANKS FOR ANY HELP, Kristen


Asked on 11/19/02, 11:42 am

2 Answers from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Disclosure / Discovery Period

If you don't have the information, simply state none at this time, but will supplement. Then when you know, you file your supplemental response.

Discovery cutoff, under level 2, is the earlier of (i) 30 days before the date set for trial or (ii) nine months after the earlier of the date for the first oral deposition or the due date of the first response to written discovery.

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Answered on 11/19/02, 12:21 pm
Joseph A. McDermott, III Attorney at Law

Re: Disclosure / Discovery Period

Go to www.findlaw.com and find the Texas Rules of Civil Procedure. Read the entire section on "Dicovery", which includes the matters you inquire about,

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Answered on 11/19/02, 2:56 pm


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