(a) Pretrial Discovery. Pretrial discovery is limited to that which the judge considers reasonable and necessary. Any requests for pretrial discovery must be presented to the court for approval by written motion. The motion must be served on the responding party. Unless a hearing is requested, the judge may rule on the motion without a hearing. The discovery request must not be served on the responding party unless the judge issues a signed order approving the request. Failure to comply with a discovery order can result in sanctions, including dismissal of the case or an order to pay the other party’s discovery expenses.
(b) Post-judgment Discovery. Post-judgment discovery is not required to be filed with the court. The party requesting discovery must give the responding party at least 30 days to respond to a post-judgment discovery request. The responding party may file a written objection with the court within 30 days of receiving the request. If an objection is filed, the judge must hold a hearing to determine if the request is valid. If the objection is denied, the judge must order the party to respond to the request. If the objection is upheld, the judge may reform the request or dismiss it entirely.
500.10. APPEARANCES AT COURT PROCEEDINGS
(a) Participant Method of Appearance. A judge may allow or require a participant to appear at a court proceeding by videoconference, teleconference, or other available electronic means.
(b) Judge Method of Appearance; Location. A judge may appear at a court proceeding by videoconference, teleconference, or other available electronic means. However, even if appearing electronically, a judge must conduct the court proceeding from the judge’s office at times prescribed by the commissioner’s court, as provided by statute.
(c) Factors. In determining whether to allow or require electronic participation, the judge should consider factors such as:
(1) case type;
(2) the number of parties and witnesses;
(3) the type of evidence to be submitted, if any;
(4) technological restrictions such as lack of access to or proficiency in necessary technology;
(5) travel restrictions such as lack of transportation, distance, or inability to take off work;
(6) whether a method of appearance is best suited to provide necessary language access services for a person with limited English proficiency or accommodations for a person with a disability;
(7) any previous abuse of a method of appearance; and
(8) any agreement or objection by the parties.
(d) Notice. If the judge allows or requires a participant to appear electronically, the judge must provide reasonable notice of the electronic participation and include the notice in the papers of the case. The notice must contain the information needed for participants to participate in the proceeding, including instructions for joining the proceeding electronically, the court’s designated contact information, and instructions for submitting evidence to be considered in the proceeding.
(e) Open Courts. If the judge conducts a court proceeding at the judge’s office in which all other participants appear electronically, then the judge must:
(1) provide reasonable notice to the public of how to observe the court proceeding; and
(2) provide the public the opportunity to observe the court proceeding, unless the judge has determined that the proceeding must be closed to protect an overriding interest, considered all less-restrictive alternatives to closure, and made findings in a written order adequate to support closure.
Notes and Comments
Comment to 2023 change: New Rule 500.10 clarifies procedures for appearances at court proceedings. Paragraph (a) governs the method of appearance for court “participants,” which is defined in Rule 500.2. Under paragraph (b), a judge in any justice court proceeding may appear electronically, but the judge must preside over it from the judge’s office at times prescribed by the commissioner’s court. TEX. GOV’T CODE § 27.051(b). Nothing in paragraph (b) permits the judge to conduct a proceeding away from a location required by law. Paragraph (c) addresses factors that a judge should consider in determining the method of appearance. Paragraph (d) clarifies requirements for notices. Paragraph (e) recognizes the public’s right to reasonable notice of and access to a fully electronic proceeding unless there is an overriding interest. A judge should rarely close a court proceeding from public observation, and in such an exceptional case, the judge must use the least restrictive measure to protect the overriding interest.