Welcome to part three of our 5-part series on the discovery process in Texas Court. We've learned of the discovery process where parties gather information from each other before going to trial in the form of written questions (interrogatories) and hard data (request for production). Once these actions are complete, we move on to "request for disclosure."
Request for disclosure is all about getting the facts of the case correct. A form is sent out to both parties, and they answer specific questions. These are broad questions that are relevant to cases in general, rather than the specific questions pertaining to each individual case (such as the interrogatories). The questions are as follows:
1. The correct names of the parties to the lawsuit
2. The name, address, and telephone number of any potential parties
3. The legal theories and factual bases of the responding party's claims or defenses
4. The amount and method of calculating any economic damages
5. The identity and certain other information about all potential witnesses
6. The identity and certain other information about all expert witnesses
7. Any indemnity or insurance agreements which might be triggered by a judgment in the case
8. Any settlement agreements relating to the case
9. Witness statements which have been given in the case
10. A claimant's medical bills and records relevant to damages sought in the case
11. Any medical bills and records obtained through an authorization provided by the opposing party
12. The name, address, and phone number of any potential responsible third party
This phase is extremely important because any false claims will be thrown out. For example, if you fail to list a person as a witness, they will not be able to testify. Keep in mind this is an ongoing process. As more questions come up throughout the case, the responding party must answer them.
We continue through the discovery process with "request for admissions," which we'll learn about next time. It is important to be aware of how these cases play out, so think about this information and how it relates to your case or potential case. If you believe you are involved in a situation that requires legal action, please call Reich and Binstock now.