Discovery in Texas: Requests for Inspection and Requests for Entry

A request for production or inspection is a discovery request that asks the other side to provide documents or other items, or to let you inspect, copy, photograph, test, or take samples of them. The request must clearly describe what you want and give a reasonable time and place for the other side to provide it.

Texas Rule of Civil Procedure 196.1.

A request for entry is a discovery request that asks to enter someone’s land or property to inspect, measure, survey, photograph, test, or take samples. The request must explain where and when the entry will happen, what will be done, and who will do it.

Texas Rules of Civil Procedure, Rule 196.7.

You may start sending discovery requests after initial disclosures are due. Initial disclosures give each side basic information about the case. See Texas Rules of Civil Procedure Rule 190.3(b)(1).

Read Required Initial Disclosures in Texas to learn about initial disclosures and what you must do before moving on to other discovery requests.

The deadline for discovery depends on the discovery level that applies to your case. Texas Rules of Civil Procedure Rule 190 explains the three discovery levels. Most cases follow Level 2 discovery under Rule 190.3.

In a Level 2 case, you can usually send discovery requests until 30 days before the trial date or another deadline set by the court.

Important: Give the other side enough time to respond before the discovery period ends.

Parties must respond to all proper discovery requests. If the other party denies your request, they must explain why the request is either privileged or irrelevant.

If the opposing party denies or ignores your discovery request, then you may have to move for an order compelling discovery under Texas Rules of Civil Procedure Rule 215. This rule applies to evasive or incomplete responses as well as wrongful denials. An order compelling discovery requires the refusing party to disclose the evidence requested.

Parties may receive discovery about any matter that is not privileged and is relevant to the subject matter of the case. Texas Rules of Civil Procedure Rule 192.3(a).

Privileges are the exception to the discovery rule. The Texas Rules of Evidence govern privilege. Privileges are not always absolute; an exception may apply to the privilege in your case. The privileges relevant to discovery include:

• Lawyer-client: communications with your lawyer about case strategy.
• Spousal: conversations between spouses if the conversation was held in confidence.
• Communications to clergy: confidential communications to clergy for spiritual advice.
• Political vote: votes in a secret ballot unless the vote was cast illegally.
• Trade secrets.
• Informer's identity: the right to refuse disclosure of a potential informant.
• Physician-patient: confidential communication between a patient and their physician as it relates to treatment, and confidential protection of records maintained by the physician.
• Mental health information: confidential communications made to a mental health professional.

Note that these privileges are subject to exceptions (for example: physician-patient privilege does not apply when the communications are the subject of the dispute). Review Article V of the Texas Rules of Evidence for privileges and exceptions.

Relevant evidence is evidence that helps determine a fact that is central to the case. Relevant evidence should show that a fact in the case is more or less likely to be true.

The evidence sought in a discovery request must be in the opposing party's control. This means that if the party does not have access to the evidence, they have no duty to provide it.

The discovery period is the time before trial when the parties can find evidence for their case. You can request discovery from other parties only during the discovery period. The discovery period begins after the submission of initial disclosures.