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Ray, Lawyer
Category: Legal
Satisfied Customers: 41043
Experience:  30 years in civil, probate, real estate, elder law
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If under level 2 rule 190 of discovery in a Texas divorce,

Customer Question

If under level 2 rule 190 of discovery in a Texas divorce, and trial or temp orders are set sooner than 30 days out, does that preclude discovery?
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.
Hi and welcome to JA. Ray here to help you .Here the temporary orders can be set sooner than 30 days but not the trial if you want to conduct discovery.You would want to have the court push back the trial date here so there is time to complete discovery.A motion for continuance would be proper stating need for discovery as the basis for continuance and should be granted by the court. 190.1 Discovery Control Plan Required. Every case must be governed by a discovery control plan as provided in this Rule. A plaintiff must allege in the first numbered paragraph of the original petition whether discovery is intended to be conducted under Level 1, 2, or 3 of this Rule.190.2 Discovery Control Plan - Suits Involving $50,000 or Less (Level 1).(a) Application. This subdivision applies to:(1) any suit in which all plaintiffs affirmatively plead that they seek only monetary relief aggregating $50,000 or less, excluding costs, pre­judgment interest and attorneys' fees, and(2) any suit for divorce not involving children in which a party pleads that the value of the marital estate is more than zero but not more than $50,000.(b) Exceptions. This subdivision does not apply if:(1) the parties agree that Rule 190.3 should apply;(2) the court orders a discovery control plan under Rule 190.4; or(3) any party files a pleading or an amended or sup­plemental pleading that seeks relief other than that to which this subdivision applies.A pleading, amended pleading (including trial amendment), or supplemental pleading that renders this subdivision no longer applicable may not be filed without leave of court less than 45 days before the date set for trial. Leave may be granted only if good cause for filing the pleading outweighs any prejudice to an opposing party.(c) Limitations. Discovery is subject to the limitations provided elsewhere in these rules and to the follow­ing additional limitations:(1) Discovery period. All discovery must be con­ducted during the discovery period, which begins when the suit is filed and continues until 30 days before the date set for trial.(2) Total time for oral depositions. Each party may have no more than six hours in total to examine and cross-examine all witnesses in oral depositions. The parties may agree to expand this limit up to ten hours in total, but not more except by court order. The court may modify the deposition hours so that no party is given unfair advantage.(3) Interrogatories. Any party may serve on any other party no more than 25 written interrogatories, excluding interrogatories asking a party only to identify or authenticate specific documents. Each discrete subpart of an interrogatory is considered a separate interrogatory.(d) Reopening discovery. When the filing of a pleading or an amended or supplemental pleading renders this subdivision no longer applicable, the discovery period reopens, and discovery must be completed within the limitations provided in Rules 190.3 or 190.4, whichever is applicable. Any person previously deposed may be redeposed. On motion of any party, the court should continue the trial date if nec­essary to permit completion of discovery. I appreciate the chance to help you today.Thanks again.
Expert:  Ray replied 1 year ago.
Also note there is a minimum waiting period.. Texas Divorce Process. In Texas, divorce is begun by one spouse filing a Petition. There is a 60-day waiting period, so spouses cannot complete their divorce until at least 60 days have elapsed since the petition was filed.
Expert:  Ray replied 1 year ago.
If you can positive rate it is always much appreciated.