When is discovery due in Texas?

In Texas, discovery is governed by the Texas Rules of Civil Procedure (TRCP), particularly Rules 190–192. The deadline for completing discovery depends on the case’s assigned discovery control plan level.

Discovery Control Plans and Timing

Level 1 (Expedited Actions and Small Divorces)

Under Tex. R. Civ. P. 190.2, discovery in Level 1 cases — which include expedited actions under Rule 169 and divorces with estates valued at $250,000 or less — must be completed within 180 days after the date the first initial disclosures are due.[2] This means the discovery period begins when the first required disclosures are exchanged and continues for 180 days.

Level 2 (Standard Discovery Cases)

For most civil cases, Tex. R. Civ. P. 190.3 applies. While not provided in the excerpts, this rule sets the discovery period as ending the earlier of:

• 30 days before trial, or
• 9 months after the date of the first oral deposition or the due date of the first response to written discovery (whichever comes first).

Level 3 (Court-Ordered Discovery)

Under Tex. R. Civ. P. 190.4, the court issues a customized discovery schedule in a Level 3 plan. The court may set specific deadlines for serving discovery or completing it and may order that discovery requests be sent sufficiently in advance so the responses fall within the discovery period.[3]

Initial Disclosures

Since January 1, 2021, Rule 194 requires parties to provide initial disclosures without awaiting a discovery request. These must be served within 30 days after filing an answer or other responsive pleading, establishing the starting point for the discovery period under the applicable level.[1]

Summary

Thus, the discovery due date is tied to the discovery control plan level. In most standard cases (Level 2), discovery ends either 9 months after the discovery period begins or 30 days before the trial date.