Every case must be governed by a discovery control plan as provided in this Rule. A plaintiff must allege in the first numbered paragraph of the original petition whether discovery is intended to be conducted under Level 1, 2, or 3 of this Rule.
The court may modify a discovery control plan at any time and must do so when the interest of justice requires. Unless a suit is governed by the expedited actions process in Rule, the court must allow additional discovery:
Tex. R. Civ. P. 190
190.6 Certain Types of Discovery Excepted
This rule's limitations on discovery do not apply to or include discovery conducted under Rule("Depositions Before Suit or to Investigate Claims"), or Rule ("Discovery and Enforcement of Judgment"). But Rule cannot be used to circumvent the limitations of this rule.
Comment to 2021 change: Ruleis amended to implement section 22.004(h-1) of the Texas Government Code. Under amended Rule , Level 1 discovery limitations now apply to a broader subset of civil actions: expedited actions under Rule , which is also amended to implement section 22.004(h-1) of the Texas Government Code, and divorces not involving children in which the value of the marital estate is not more than $250,000. Level 1 limitations are revised to impose a twenty-hour limit on oral deposition. Disclosure requests under Rule and Rule are now replaced by required disclosures under Rule , as amended. The discovery periods under Rules and are revised to reference the required disclosures.