2020 – Supreme Court Amends New Discovery Rule to Provide Exemption for Child Protection Cases
On December 23, 2020, the Supreme Court issued an order that amended its new discovery rules at Texas Rule of Civil Procedure 194.2(d) to add a subsection (5) that exempts a “child protection action under Subtitle E, Title 5 of the Family Code” from initial disclosure. Such exemption excludes child protection cases filed by the Department that are subject to Subtitle E, Title 5 of the Family Code from the automatic disclosure requirements recently added by the Supreme Court.
That being said, the exemption does provide some discretionary exception language. Namely, it states, “a court may order the parties to make particular disclosures and set time for disclosure.” As such, it gives courts discretion to order particular disclosures as well as a time for such disclosure. This will permit required disclosures even in child protection cases when a court finds it appropriate.
Just a reminder:
Tuesday, January 8, 2019: 86th Legislature convenes
Tuesday, January 15, 2019: Inauguration Day for the governor and lt. governor
Friday, March 8, 2019: 60th Day; final day to file unrestricted bills
Monday, May 27, 2019: 140th Day, aka Sine Die; session ends
Sunday, June 16, 2019: Deadline for governor to veto a bill
Sunday, September 1, 2019: General effective date for most new legislation
Author: Sandra D. Hachem, Sr. Assistant County Attorney
VINCE RYAN, HARRIS COUNTY ATTORNEY
1019 Congress, 17th Floor
Houston, Texas 77002