Bill Text: TX HB2850 | 2023-2024 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to discovery procedures for civil actions brought under the Family Code.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2023-06-13 - Effective on 9/1/23 [HB2850 Detail]
Download: Texas-2023-HB2850-Introduced.html
Bill Title: Relating to discovery procedures for civil actions brought under the Family Code.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2023-06-13 - Effective on 9/1/23 [HB2850 Detail]
Download: Texas-2023-HB2850-Introduced.html
88R7595 SCL-F | ||
By: Smith | H.B. No. 2850 |
|
||
|
||
relating to discovery procedures for certain civil actions brought | ||
under the Family Code. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The Family Code is amended by adding Title 6 to | ||
read as follows: | ||
TITLE 6. CIVIL PROCEDURE | ||
CHAPTER 301. DISCOVERY PROCEDURES FOR CERTAIN CIVIL ACTIONS | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 301.001. CONFLICT WITH TEXAS RULES OF CIVIL PROCEDURE. | ||
Notwithstanding Section 22.004, Government Code, this chapter may | ||
not be modified or repealed by a rule adopted by the supreme court. | ||
SUBCHAPTER B. INFORMATION PROVIDED BEFORE DISCOVERY REQUEST | ||
Sec. 301.051. INFORMATION FOR CERTAIN MARRIAGE AND SUPPORT | ||
ACTIONS. (a) A court may not require a party to a suit for | ||
dissolution of a marriage, as defined by Section 1.003, to provide | ||
to another party, before receiving a discovery request, the | ||
following: | ||
(1) deed and lien information on any real property | ||
owned or lease information on any real property leased; | ||
(2) statements for any pension plan, retirement plan, | ||
profit-sharing plan, employee benefit plan, or individual | ||
retirement plan; | ||
(3) statements or policies for any current life, | ||
casualty, liability, or health insurance policy; and | ||
(4) statements pertaining to any account at a | ||
financial institution, including a bank, savings and loan | ||
institution, credit union, or brokerage firm. | ||
(b) A court may not require a party to a suit under this code | ||
in which child or spousal support is at issue to provide to another | ||
party, before receiving a discovery request, the following: | ||
(1) information regarding any policy, statements, or | ||
summary description of benefits for any medical or health benefit | ||
coverage that is or would be available for the child or spouse; | ||
(2) the party's income tax returns or other tax forms | ||
or schedules; or | ||
(3) the party's payroll stub. | ||
(c) A court may not require a party to a suit described by | ||
Subsection (a) or (b) to provide information described by Section | ||
301.104 to another party before receiving a discovery request. | ||
Sec. 301.052. INITIAL DISCLOSURE REQUIRED FOR CERTAIN | ||
ACTIONS. (a) This section applies only to a civil action brought | ||
under this code: | ||
(1) by or against the Title IV-D agency as defined by | ||
Section 101.033 in a Title IV-D case as defined by Section 101.034; | ||
(2) for a protective order under Title 4; and | ||
(3) for child protection under Subtitle E, Title 5. | ||
(b) A court may not exempt a party to an action to which this | ||
section applies from an initial disclosure under Rule 194, Texas | ||
Rules of Civil Procedure. | ||
SUBCHAPTER C. DISCOVERY REGARDING TESTIFYING EXPERT WITNESSES | ||
Sec. 301.101. APPLICABILITY OF SUBCHAPTER. This subchapter | ||
applies only to a civil action brought under this code: | ||
(1) for divorce; | ||
(2) for annulment; | ||
(3) to declare a marriage void; or | ||
(4) for child or spousal support. | ||
Sec. 301.102. PERMISSIBLE DISCOVERY METHODS. A party may | ||
request another party to designate and disclose information | ||
concerning testifying expert witnesses only through: | ||
(1) a disclosure request under Section 301.105; or | ||
(2) a deposition or report permitted by this | ||
subchapter. | ||
Sec. 301.103. DEADLINE FOR RESPONSE. Unless otherwise | ||
ordered by the court, a responding party shall provide the | ||
information requested under Section 301.105 not later than the | ||
later of: | ||
(1) the 30th day after the date the request is served; | ||
or | ||
(2) either, as applicable: | ||
(A) with respect to an expert testifying for a | ||
party seeking affirmative relief, the 90th day before the end of the | ||
discovery period; or | ||
(B) with respect to an expert not described by | ||
Paragraph (A), the 60th day before the end of the discovery period. | ||
Sec. 301.104. CONTENT OF DISCLOSURE REQUEST, DEPOSITION, OR | ||
REPORT. A responding party shall provide the following information | ||
for a testifying expert that is requested under this subchapter: | ||
(1) the expert's name, address, and telephone number; | ||
(2) the subject matter on which the expert will | ||
testify; | ||
(3) either: | ||
(A) the general substance of the expert's mental | ||
impressions and opinions and a brief summary of the basis for the | ||
impressions and opinions; or | ||
(B) if the expert is not retained by, employed | ||
by, or otherwise subject to the control of the responding party, | ||
documents reflecting the information described by Paragraph (A); | ||
and | ||
(4) if the expert is retained by, employed by, or | ||
otherwise subject to the control of the responding party, all | ||
documents, tangible things, reports, models, or data compilations | ||
that have been provided to, reviewed by, or prepared by or for the | ||
expert in anticipation of the expert's testimony. | ||
Sec. 301.105. DISCLOSURE REQUEST. (a) A party may obtain | ||
disclosure of the information described by Section 301.051 or | ||
301.104 from another party by providing the party the following | ||
request: | ||
"Under Section 301.105, Texas Family Code, you are requested | ||
to disclose, not later than the 30th day after the date this request | ||
is served, the information or material described by Section | ||
(301.051 or 301.104, as applicable), Texas Family Code." | ||
(b) A responding party shall provide a copy of documents and | ||
other tangible things with a response to a request provided under | ||
this section unless: | ||
(1) the responsive documents are voluminous; | ||
(2) the response states a reasonable time and place | ||
for the production of the documents; | ||
(3) the responding party produces the documents at the | ||
time and place stated in the response; and | ||
(4) the requesting party has a reasonable opportunity | ||
to inspect the documents unless otherwise agreed to by the parties | ||
or ordered by the court. | ||
(c) A party may not assert a work product privilege to a | ||
request provided under this section. | ||
Sec. 301.106. DEPOSITION AVAILABILITY. (a) A party | ||
seeking affirmative relief shall make an expert retained by, | ||
employed by, or otherwise under the control of the party available | ||
for a deposition in accordance with this section. | ||
(b) If a party seeking affirmative relief does not provide a | ||
report of the party's expert's factual observations, tests, | ||
supporting data, calculations, photographs, and opinions when the | ||
party designates the expert, the party shall make the expert | ||
available for a deposition reasonably promptly after the | ||
designation. If the deposition cannot be reasonably concluded more | ||
than 15 days before the deadline for designating other experts due | ||
to the actions of the party who designated the expert, the court | ||
shall extend the deadline for other experts testifying on the same | ||
subject. | ||
(c) If a party seeking affirmative relief provides a report | ||
of the party's expert's factual observations, tests, supporting | ||
data, calculations, photographs, and opinions when the party | ||
designates the expert, the party is not required to make the expert | ||
available for a deposition until reasonably promptly after all | ||
other experts have been designated. | ||
(d) A party not seeking affirmative relief shall make an | ||
expert retained by, employed by, or otherwise under the control of | ||
the party available for a deposition reasonably promptly after the | ||
party designates the expert and the experts testifying on the same | ||
subject for the party seeking affirmative relief have been deposed. | ||
Sec. 301.107. CONTENT OF ORAL DEPOSITIONS AND COURT-ORDERED | ||
REPORTS. A party may obtain discovery by oral deposition and a | ||
report prepared in accordance with Section 301.108 of: | ||
(1) the subject matter on which a testifying expert is | ||
expected to testify; | ||
(2) the expert's mental impressions and opinions; | ||
(3) the facts known to the expert, regardless of when | ||
the factual information is acquired, that relate to or form the | ||
basis of the expert's mental impressions and opinions; and | ||
(4) other discoverable items, including documents not | ||
produced in response to a disclosure request. | ||
Sec. 301.108. COURT-ORDERED REPORTS. If the discoverable | ||
factual observations, tests, supporting data, calculations, | ||
photographs, or opinions of an expert are not recorded and reduced | ||
to tangible form, the court may order that information be reduced to | ||
tangible form and produced in addition to the deposition. | ||
Sec. 301.109. AMENDMENT AND SUPPLEMENTATION OF DISCOVERY. | ||
A party's duty to amend and supplement written discovery regarding | ||
a testifying expert is governed by Rule 193.5, Texas Rules of Civil | ||
Procedure. If a party retains, employs, or otherwise controls an | ||
expert witness, the party must supplement the expert's deposition | ||
testimony or written report only with regard to the expert's mental | ||
impressions or opinions and the basis for those impressions or | ||
opinions. | ||
Sec. 301.110. COST OF EXPERT WITNESSES. When a party takes | ||
the oral deposition of an expert witness retained by an opposing | ||
party, the party retaining the expert shall pay all reasonable fees | ||
charged by the expert for time spent in preparing for, giving, | ||
reviewing, and correcting the deposition. | ||
SECTION 2. Chapter 301, Family Code, as added by this Act, | ||
applies only to an action filed on or after the effective date of | ||
this Act. | ||
SECTION 3. This Act takes effect September 1, 2023. |