Discovery From Parties: Identity of Witness Or Potential Party; Expert Reports

Sec. 2001.092. DISCOVERY FROM PARTIES: IDENTITY OF WITNESS OR POTENTIAL PARTY; EXPERT REPORTS. (a) The identity and location of a potential party or witness in a contested case may be obtained from a communication or other paper in a party's possession, custody, or control. (b) A party may be required to produce and permit the inspection and copying of a report, including factual observations and opinions, of an expert who will be called as a witness. (c) This section does not extend to other communications: (1) made after the occurrence or transaction on which the contested case is based; (2) made in connection with the prosecution, investigation, or defense of the contested case or the circumstances from which the case arose; and (3) that are: (A) written statements of witnesses; (B) in writing and between agents, representatives, or employees of a party; or (C) between a party and the party's agent, representative, or employee. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.