|(a) Description of discovery. As used in this chapter,
discovery is the process by which a party may, before the hearing,
obtain evidence relating to the disputed issue or issues from the
other parties and witnesses. If the evidence is not produced voluntarily,
the party may request a subpoena, as provided in §142.12 of this
title (relating to Subpoena). Discovery includes:
(1) parties' exchange of documentary evidence;
(2) interrogatories, as prescribed by §142.19
of this title (relating to Interrogatories); and
(3) witness depositions, as follows:
(A) a health care provider may be deposed only on written
(B) other witnesses may be deposed within their county
of residence or employment, orally or on written questions, if the
administrative law judge determines the party has good cause to request
(b) Sequence of discovery. Parties shall exchange documentary
evidence in their possession not previously exchanged, as described
in subsection (c) of this section, before requesting additional discovery
by interrogatory, as described in subsection (d) of this section,
or deposition, as described in subsection (e) of this section. Additional
discovery shall be limited to evidence not exchanged, or not readily
derived from evidence exchanged.
(c) Parties' exchange of documentary evidence.
(1) Except as provided in subsection (g) of this section,
no later than 15 days after the benefit review conference, parties
shall exchange with one another the following information:
(A) all medical reports and reports of expert witnesses
who will testify at the hearing;
(B) all medical records;
(C) any witness statements;
(D) the identity and location of any witness known
to have knowledge of relevant facts; and
(E) all photographs or other documents which a party
intends to offer into evidence at the hearing.
(2) Thereafter, parties shall exchange additional documentary
evidence as it becomes available.
(3) Parties shall bring all documentary evidence not
previously exchanged to the hearing in sufficient copies for exchange.
The administrative law judge shall make a determination whether good
cause exists for a party not having previously exchanged such information
or documents to introduce such evidence at the hearing.
(1) Interrogatories, as prescribed by §142.19
of this title (concerning Interrogatories), may be used by all parties,
including subclaimants, to obtain information from any other party.
(2) Except as provided in subsection (g) of this section,
interrogatories must be presented no later than 25 days before the
hearing, unless otherwise agreed.
(3) Answers to interrogatories must be exchanged no
later than 10 days after receipt of the interrogatories.
(4) Answers to interrogatories must be made under oath.
(e) Witness deposition. A party wishing to depose a
witness shall request permission for deposition from the administrative
law judge. The request shall:
(1) be made in writing;
(2) identify the witness to be deposed;
(3) state why the testimony is needed;
(4) propose a date, time, and place for taking the
(5) include a copy of the questions to be asked, if
the deposition is to be on written questions;
(6) if needed, include a request for subpoena, as provided
by §142.12 of this title (relating to Subpoena);
(7) be filed with the division no later than 10 days
before the hearing; and
(8) be delivered to all parties, as provided by §142.4
of this title (relating to Delivery of Copies to All Parties).
(f) Additional discovery. The administrative law judge
may grant a party permission to conduct discovery beyond that described
previously upon a showing of good cause at a hearing held for this
(g) Time for discovery when the hearing is expedited
or held without a prior benefit review conference. The notice setting
an expedited hearing, or a hearing held without a prior benefit review
conference, shall include time limits for completion of discovery.
|Source Note: The provisions of this §142.13 adopted to be effective February 12, 1991, 16 TexReg 463; amended to be effective February 18, 1992, 17 TexReg 949; amended to be effective January 7, 2019, 44 TexReg 108; amended to be effective February 18, 2021, 46 TexReg 1068