Question 1

What is discovery in civil litigation?

Accepted Answer

Short answer: Discovery is the pretrial phase where parties exchange information through written requests, document production, admissions, and depositions under court rules.

What the court expects: Discovery scope is broad but not unlimited. Objections, privileges, and proportionality limits apply. Texas discovery levels govern timing and volume in many courts.

Practical steps: Calendar discovery periods from your scheduling order and level designation immediately when the case opens.

Question 2

What are interrogatories?

Accepted Answer

Short answer: Interrogatories are written questions served on another party, answered under oath within a set period, subject to limits in your discovery level.

What the court expects: Answers are binding if truthful. Use them to learn facts, identities of witnesses, and document locations.

Practical steps: Respond completely or object with specificity—blanket objections may be overruled.

Earlier in this series: If you are working through this topic step by step, review "What is discovery in civil litigation?" before moving to related deadlines and filings.

Question 3

What are requests for production?

Accepted Answer

Short answer: Requests for production demand copies of documents, electronically stored information, and tangible things within defined categories.

What the court expects: Responses must state objections and describe what will be produced. Production often follows a negotiated schedule.

Practical steps: Preserve documents when litigation begins—spoliation sanctions can exceed the value of the case.

Earlier in this series: If you are working through this topic step by step, review "What are interrogatories?" before moving to related deadlines and filings.

Question 4

What are requests for admission?

Accepted Answer

Short answer: Requests for admission ask a party to admit or deny specific facts or document authenticity; improper denials can carry fee consequences.

What the court expects: Admissions simplify trial by narrowing disputes. They carry strict response deadlines—often 30 days.

Practical steps: Review RFAs immediately; admitted items may bind you at trial.

Earlier in this series: If you are working through this topic step by step, review "What are requests for production?" before moving to related deadlines and filings.

Question 5

What are depositions?

Accepted Answer

Short answer: A deposition is sworn out-of-court testimony recorded by a court reporter, used to discover facts and lock in statements before trial.

What the court expects: Depositions can be expensive and intimidating. Objections are limited compared to trial. Preparation with outlines is essential.

Practical steps: If noticed for deposition, verify date, location, and scope; consider limited-scope counsel for preparation.

Earlier in this series: If you are working through this topic step by step, review "What are requests for admission?" before moving to related deadlines and filings.

Question 6

Do I have to respond to discovery?

Accepted Answer

Short answer: Yes—properly served discovery generally requires timely responses, objections, or motions for protective orders.

What the court expects: Ignoring discovery leads to motions to compel, sanctions, and exclusion of evidence at trial.

Practical steps: Calendar response deadlines and begin collecting documents the day requests arrive.

Earlier in this series: If you are working through this topic step by step, review "What are depositions?" before moving to related deadlines and filings.

Question 7

What happens if I ignore discovery?

Accepted Answer

Short answer: Courts may order compliance, award fees, strike pleadings, or exclude evidence when discovery is ignored after opportunities to cure.

What the court expects: Sanctions escalate with bad faith. Pro se status is not a free pass from discovery obligations.

Practical steps: If overwhelmed, seek extension or protective order before the deadline—not silence.

Earlier in this series: If you are working through this topic step by step, review "Do I have to respond to discovery?" before moving to related deadlines and filings.

Question 8

What is a discovery level in Texas?

Accepted Answer

Short answer: Texas discovery levels set default periods and limits on discovery tools based on amount in controversy and case type under Rule 190.

What the court expects: Level 1 suits often involve smaller amounts in justice and county courts; Level 2 is common in larger district court cases. Designations affect timing and caps.

Practical steps: Identify your level from the petition or court's discovery control plan and read the matching Rule 190 subparts.

Earlier in this series: If you are working through this topic step by step, review "What happens if I ignore discovery?" before moving to related deadlines and filings.

Question 9

How long do I have to respond to discovery?

Accepted Answer

Short answer: Many discovery responses are due within 30 days after service, but level rules, agreements, and orders can change the period.

What the court expects: Requests for admission may share the 30-day framework. Deposition notices carry separate attendance obligations.

Practical steps: Mark day one as the date of service, not the date you opened the envelope.

Earlier in this series: If you are working through this topic step by step, review "What is a discovery level in Texas?" before moving to related deadlines and filings.

Question 10

What is spoliation of evidence?

Accepted Answer

Short answer: Spoliation is the destruction or failure to preserve evidence relevant to litigation, which can lead to sanctions or adverse inference instructions.

What the court expects: The duty to preserve can begin when litigation is reasonably anticipated—not only after suit is filed.

Practical steps: Implement a litigation hold on emails, texts, and accounts when dispute becomes serious.

Earlier in this series: If you are working through this topic step by step, review "How long do I have to respond to discovery?" before moving to related deadlines and filings.

Discovery

Discovery path

Questions in this series