Discovery is the stage after a lawsuit is filed when each side must share information: initial disclosures within 30 days after the first answer, written questions, document requests, and depositions. It is how the full record of the crash, the injuries, and the insurance comes out.
Discovery is governed by the Texas Rules of Civil Procedure. Under Rule 194.2, each party must make initial disclosures within 30 days after the first answer is filed unless the parties agree or the court orders otherwise. Those disclosures include the people with knowledge of the facts, the insurance policies, and the damages being claimed.
The scope is broad. Rule 192.3 allows discovery of any matter that is not privileged and is relevant to the case. In a crash case that means the crash report, photographs, phone records when distraction is an issue, vehicle data, medical records, employment records for lost wages, and the defense insurer’s policies.
Written discovery comes first: interrogatories that must be answered under oath, requests for production of documents, and requests for admission. Then come depositions, recorded testimony taken under oath. Rule 199.5 limits each side to six hours of examination of any one witness.
Smaller cases can move faster. Under Rule 169, a suit seeking $250,000 or less in monetary relief, excluding interest and some other items, can proceed as an expedited action with limited discovery and an earlier trial setting. Larger cases follow a discovery control plan under Rule 190.
Discovery also reveals the defense’s theory of the case. Their interrogatory answers, expert designations, and the questions in your deposition show whether they plan to dispute fault, argue that your injuries came from something else, or challenge the cost of your treatment. Knowing that early helps your lawyer prepare the evidence to answer it.
Requests for admission are a useful tool. They ask the other side to admit or deny specific facts, such as that their driver ran a red light. Facts admitted do not have to be proven at trial, which can narrow the dispute.
Discovery takes time and is where cases are won or lost. Owsley Law Firm prepares clients for every step, answers discovery on schedule, and charges no fee unless it wins.
What to do, step by step
- Initial disclosures: both sides exchange basic information within 30 days after the first answer.
- Written discovery: interrogatories, requests for production, and requests for admission.
- Records: medical, employment, phone, and vehicle data are obtained.
- Depositions: the parties, witnesses, and experts testify under oath.
- Expert reports: medical and reconstruction experts are designated.
Third parties can be part of discovery too. Hospitals, employers, phone carriers, and businesses with security video can be served with subpoenas or deposition notices for records. That is often how the most objective evidence in a car case, such as video of the crash or the other driver’s phone activity, is obtained.
Expedited actions have tighter limits. When a case proceeds under Rule 169, discovery is governed by Rule 190.2, and the court must set an earlier trial date on request. The tradeoff is that the recovery is capped at $250,000, excluding interest, statutory or punitive damages, and attorney fees and costs, so that path only makes sense for some claims.
Medical discovery is often the largest part of a car case. The defense will request records from every provider who treated you, sometimes for years before the crash, to look for preexisting conditions. Your lawyer can limit requests to what is relevant and prepare you to explain your medical history accurately.
Discovery can be contested. When a party refuses to produce something, the other side can ask the court to compel it. Courts can also limit discovery that is overly broad or burdensome.
Your role is to answer accurately and on time. Your lawyer prepares the written answers with you and reviews documents before they are produced, so nothing is shared that should not be.
Related questions
How long does discovery take?
It depends on the court’s schedule and the case’s complexity. Expedited actions move faster; complex cases take longer.
Will the defense see all my medical records?
Relevant records, yes. Your lawyer can object to requests that reach unrelated or privileged information.
Do I have to answer questions under oath?
Yes, written interrogatories and deposition testimony are under oath.
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