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THE PURPOSE AND SCOPE OF DISCOVERYThe purpose of discovery is to allow the parties to obtain full knowledge of the issues and facts of the lawsuit before trial. An experienced family law attorney will use discovery to help you identify the strengths and weaknesses of each side of the case. Keep in mind, when conducting discovery, the primary goals are pretty straight forward: Discovery is used to learn what information the other side intends to provide at trial, to learn the opposing party’s position on contested factual issues, to obtain information in the other party’s control that might be helpful to your case, to attempt to obtain useful admissions from the opposing party that can be used at trial, and  to obtaining information from the opposing party that can be used to impeach that party’s credibility (and the credibility of that party’s witnesses). Discovery, when used properly and efficiently, can also be used to uncover hidden assets the opposing party wishes to remain unknown. The purpose and objective of the Texas discovery rules are to protect you from being surprised or taken advantage of in court. The scope of discovery is generally limited to any matter that is not privileged, is relevant to the subject matter of the pending action, whether it relates to the claim or defense of the party seeking discovery or the claim or defense of any other party or may lead to the discovery of admissible evidence.

Different Forms of Discovery

The most common forms of discovery in Texas family law courts include, but are not limited to:

  • Requests for Disclosure
  • Requests for Production and Inspection of Documents
  • Interrogatories to a Party
  • Requests for Admission
  • Oral or Written Depositions
  • Motions for Mental or Physical Examinations
  • Subpoenas served on third parties

There are different levels of discovery control plans in Texas courts. Most family law cases are conducted under the Level 2 Control Plan. In cases conducted under a Level 2 Control Plan, the parties are limited to no more than twenty-five written interrogatories. Written interrogatories are written questions served on a party that require the party to file written answers under oath.

Though discovery may sound simple in name, there are many intricacies and avenues of execution, that are best explored by a Board Certified, Texas Family Law Specialist. If you are ready to go forward with a family law matter, or thinking about divorce, contact Mark L. Scroggins and the team at Scroggins Law Group, PLLC for a consultation today. Call 214-469-3100 or find us at If you want respected, experienced and passionate family law representation, call the experts at Scroggins Law Group.


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