| (a) Scope. Parties may obtain discovery regarding any
matter, not privileged or exempted under the Texas Rules of Civil
Evidence, the Texas Rules of Civil Procedure, or other law or rule,
that is relevant to the subject matter in the proceeding. Discoverable
matters include the existence, description, nature, custody, condition,
location and contents of any documents, including papers, books, accounts,
drawings, graphs, charts, photographs, maps, email, audio or video
recordings, and any other data compilations from which information
can be obtained and translated, if necessary, by the person from whom
information is sought, into reasonably usable form, and any other
tangible things which constitute or contain matters relevant to the
subject matter in the action, and the identity and location of persons
having any knowledge of any discoverable matter. Discovery is not
limited to tangible things, but may extend to knowledge, mental impressions,
and opinions of persons who will testify; explanations of documents
or tangible things, or information contained therein; and other relevant
information within the knowledge or control of the entity from whom
discovery is sought. A person is not required to produce a document
or tangible thing unless it is within that person’s constructive
or actual possession, custody, or control. A person has possession,
custody or control of a document or tangible thing as long as the
person has a superior right to compel the production from a third
party and can obtain possession of the document or tangible thing
with reasonable effort.
(b) Discovery methods. Parties may obtain discovery
by requests for information, which include requests for inspection
or production of documents or things, requests for admissions, and
depositions by oral examination.
(c) Stipulations regarding discovery procedure. The
parties may, by written agreement:
(1) provide that depositions may be taken at any time
or place, upon any notice, and in any manner and when so taken may
be used like other depositions;
(2) agree to extensions of time in which to respond
to or object to a discovery request; and
(3) modify the procedures provided by this chapter
for other methods of discovery.
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