Obtaining Disclosure of ESI From Non-Parties

What are disclosures? Texas Rule 194 - Request for Disclosure - 194.1 states a party may obtain disclosure from another party of the information or material listed in Rule 194.2 by serving the other party - no later than 30 days before the end of any applicable discovery period - the following request: "Pursuant to Rule 194, you are requested to disclose, within 30 days of service of this request, the information or material described in Rule [state rule, e.g., 194.2, or 194.2(a), (c), and (f), or 194.2(d) to (g)].

See Rule 194.2 for disclosure contents.

Typical requests for Request for Disclosures are commonly stated as follows when served with an Original Petition (notice the deadline is 50 days when served with a petition per Rule 194.3):

Pursuant to Rule 194 of the Texas Rules of Civil Procedure, Plaintiff requests that each Defendant disclose, within 50 days of service of this request,t he information and material described in Rule 192.4(a) through (l).

The following is an excellent article regarding disclosure of electronic storage information (ESI).

Obtaining Disclosure of ESI From Non-Parties