Texas State Rules

Ediscovery Rules

Tex. R. Civ. P. 196.4

Activity with Regards to Federal Rules of Civil Procedure Amendments

Texas became one of the first states to enact ediscovery laws, and adopted its own version of rules of civil procedure. Texas does not follow the Federal Rules of Civil Procedure. Texas' rule for ediscovery has not been updated since it was implemented in 1999.

Spoliation of evidence, including that of ESI, is currently an issue in Texas courts as the law is unclear. In response to this issue, the Chief Justice of the Texas Supreme Court requested in 2016 that the Supreme Court Advisory Committee review a proposal to add a rule that would address the problem.

The unique Texas model has influenced the amendment of the state rules of civil procedure in Idaho and Mississippi.

Useful Link(s)

Texas Rules of Civil Procedure: http://www.txcourts.gov/media/1435952/trcp-all-updated-with-amendments-effective-912016.pdf

April 18, 2016 Correspondence to the Supreme Court Advisory Committee: http://jwclientservices.jw.com/sites/scac/Document%20Library2/1/SCAC-April%2018,%202016%20Referral%20Letter%20with%20Attachments.pdf

Recommended Reading

Rebecca Simmons, The "Best of" Litigation Update 2016: Discovery in 2016: New Rules, Cases and Technology, 74 The Advocate 67 (Spring 2016)

William V. Dorsaneo, III, The History of Texas Civil Procedure, 65 Baylor L. Rev. 713 (Fall 2013)

Justice Rebecca Simmons & Michael J. Ritter, Texas's Spoliation "Presumption", 43 St. Mary's L. J. 691 (2012)

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