Required Initial Disclosures
Court How-Tos (Civil Procedure)
Overview
Guide Overview
Parties to new lawsuits in Texas usually must exchange information within 30 days of the filing of an answer, waiver of service, or counterpetition. This is part of the discovery process: how you investigate facts in a lawsuit.
For all family law cases filed AFTER September 1, 2023: Required Initial Disclosures are no longer required. You must send discovery to the other party following the rules in Texas Family Code chapter 301.
Research Tips
See Rules & Forms at the web site of the Texas judicial branch, and read the following articles:
- Required Initial Disclosures in Texas Civil Suits
- Discovery in Texas: Investigate and Prepare for Trial
- Sending Initial Disclosures
If you need to do more legal research, learn how at Legal Research: Steps to Follow.
Instructions & Forms
Instructions & Forms
Parties to new civil lawsuits in Texas usually must exchange information within 30 days of the filing of an answer, waiver of service, or counterpetition.
Family law cases, such as divorces and custody suits, require you to share additional information even beyond what a typical civil lawsuit requires. You may be able to agree that you do not have to exchange the information (using a Rule 11 agreement).
Checklist Steps
Read Required Initial Disclosures in Texas Civil Cases, which explains what is a required initial disclosure is; what you have to give the other side; what to do with your material; exceptions; and consequences for not exchanging the required information. Also see the following articles:
As part of the required disclosures under Texas Rules of Civil Procedure 194.2, you need to give the other party or parties the correct names and addresses of parties to the lawsuit—your name and contact information, including your mailing address and phone number, and contact information for anyone else involved.
You also need to give the other side the names, phone numbers, and addresses of potential witnesses—that is, people with knowledge of relevant facts. If this case is contested, this list could include: family members, neighbors, teachers, doctors, counselors, employers, and financial advisors, among others.
Gather up documents related to insurance. This includes all statements or policies for each current life, casualty, liability, and health insurance policy.
In a suit in which child support is at issue, you must, without being asked, give the other party:
- your income tax returns for the previous two years or, if no return has been filed, your Form W-2, Form 1099, and Schedule K-1 for the past two years; and
- your two most recent payroll check stubs.
(Note that this doesn't apply in child support cases filed by or against the Texas Office of the Attorney General.)
Unless you and the other parties to the lawsuit have agreed otherwise, you need to prepare your forms.
Forms Required
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Required Initial Disclosures in Divorces, Annulments, and Suits to Declare Marriage Void (for suits filed BEFORE September 1, 2023)
FM-Div-Disc-101
Use this form to provide required information to the opposing party in a divorce, annulment, or suit to void marriage. -
Required Initial Disclosures - SAPCR or Modification (cases filed BEFORE September 1, 2023)
FM-SAPCR-Disc-101-Required Initial Disclosures
You may have to give your child’s other parent information and documents as part of your court case. Use this form. -
Initial Disclosures
Tool to help choose and fill out the correct initial disclosures. Created by Lone Star Legal Aid.
Related Articles
Related Articles
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Civil Litigation in Texas: The Basics
This article explains the basics of civil lawsuits in Texas. -
Discovery in Texas
This article offers information about the rules governing discovery in Texas. -
Required Initial Disclosures in Texas Civil Cases
This article explains required initial disclosures in Texas civil cases. -
Pretrial Disclosures
This article explains pretrial disclosures in Texas. -
Rule 11 Agreements
This article explains Texas’ Rule 11 Agreements. -
Sending Initial Disclosures
You may have to send information to the other side in your lawsuit even if they do not ask for it. Here's how.
Related Guides
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