BELOW is a Draft of the Dallas County Standing Order regarding
Disclosures:
DALLAS COUNTY STANDING ORDER REGARDING DISCLOSURES
This order is a standing order of the Dallas County District
Courts that applies in every divorce suit and every suit
affecting the parentchild
relationship filed in Dallas County. The District Courts
of Dallas County giving preference to family law matters
have adopted this order.
IT IS ORDERED THAT in suits filed under Title I, Title
IV, or Title V of the Texas Family Code, a party may obtain
disclosure from another party of the information or material
listed in below by serving the other partyBno later than
30 days before the end of any applicable discovery period
by the following request:
“Pursuant to the Dallas County Standing Order regarding
Disclosures, you are
requested to disclose, within 30 days of service of this
request, the information or material described below:
Content. IT IS ORDERED that a party may request disclosure
of any or all of the following:
(a) in suits in which spousal or child support is in issue:
1. all policies, statements, and description of benefits
that reflect health insurance coverage that is available
for the child or the spouse and a statement of the expense
of such health insurance coverage for the child;
1. from January 1 of the year prior to filing through present,
a verified
list of the responding party’s resources, as defined
by section 154.062 of the Texas Family Code: wage and salary
income and other compensation for personal services (including
commissions, overtime pay, tips, and bonuses); interest,
dividends, and royalty income; selfemployment income; rental
income, severance pay, retirement benefits, pensions, trust
income, annuities, capital gains, social security benefits,
unemployment benefits, disability and workers’ compensation
benefits actually received, interest income from notes regardless
of the source, gifts and prices, spousal maintenance, and
alimony; and
2. accurate copies of the party’s immediately previous
two years’ income tax returns with schedules and amendments,
together with all payroll check stubs or earnings statements
for the three most recent months and the party’s latest
Form W2 and 1099s and K1s, for each of the past two years
for which an income tax return is not provided.
(b) in suits for divorce or annulment:
1. all policies, statements, and description of benefits
that reflect any and all insurance coverage that is in effect
for the parties;
2. accurate copies of the party’s income tax returns
for the past two years with all schedules and amendments
and the party’s W2s, 1099s, and K1s, for each of the
past two years for which an income tax return is not provided;
3. the most recent statement of account received for any
financial accounts(checking, savings, brokerage, CD, etc.),
whether open or closed, in which the responding party claims
or has claimed an interest for the period from January 1
of the year prior to filing of the Original Petition through
the date that this request is received;
4. all deeds, deeds of trust, and promissory notes relating
to real estate in which the responding party claims an interest;
5. the exact name of the plan and the identity and address
of the plan administrator, along with all booklets, plan
agreements, and the most recent statement of account received
prior to filing of the Original Petition for any stock options
or retirement, pension, profitsharing, employee stock ownership,
Keogh, 401K, or other employee benefit or deferred compensation
plans in which the responding party claims an interest;
6. ownership documents evidencing any ownership (whether
legal or equitable) of the responding party in any corporation,
partnership, or joint venture;
7. accurate copies of bonds, notes, treasury bonds, or
other documents evidencing indebtedness currently owed to
the responding party.
8. accurate copies of all certificates of title or similar
type documents evidencing any ownership by the responding
party in any motor vehicle, boat, or other personal property;
9. all financial statements prepared by or on behalf of
responding party and submitted to any person or entity during
the period from January 1 of the year prior to filing of
the Original Petition through the date this request is received;
10. a list all creditors to whom the responding party is
indebted as of the
date of filing of the Original Petition and with respect
to each such creditor:
a. The current amount necessary to pay the debt in full,
in one lump sum payment (excluding unearned interest);
b. The purpose for which the debt was incurred;
c. The date the debt was incurred; and
d. The name of the person who signed the evidence of indebtedness
(i.e. promissory note, contract, etc.).
11. an accurate copy of all agreements for legal services
in this case.
(c) the legal theories and, in general, the factual bases
of the responding party’s position regarding (the
responding party need not marshal all evidence that may
be offered at trial):
1. separate property;
2. reimbursement;
3. postdivorce spousal maintenance;
4. variance from the application of the percentage guidelines
for computation of child support payments set forth in §
154.105 of the Texas Family Code;
5. variance from the application of the Standard Possession
Order set forth in §§ 153.312153.317 of the Texas
Family Code;
6. tort or contract claims;
7. fraudulent transfer of community wealth;
8. the amount and any method of calculating monetary recoveries;
and
9. the name, address, and telephone number of persons having
knowledge of relevant facts, and a brief statement of each
identified person’s connection with the case.
(d) for any testifying expert:
1. the expert’s name, address, and telephone number;
2. the subject matter on which the expert will testify;
3. the general substance of the expert’s mental impressions
and opinions and a brief summary of the basis for them,
or if the expert is not retained by, employed by, or otherwise
subject to the control of the responding party, documents
reflecting such information;
4. if the expert is retained by, employed by, or otherwise
subject to the control of the responding party:
a. all documents, tangible things, reports, models, or data
compilations that have been provided to, reviewed by, or
prepared by or for the expert in anticipation of the expert’s
testimony; and
b. the expert’s current resume and bibliography;
(e) any discoverable indemnity and insuring agreements;
(f) any discoverable settlement agreements;
(g) any discoverable witness statements;
(h) in a suit alleging physical or mental injury and damages
from the occurrence that is the subject of the case, all
medical records and bills that are reasonably related to
the injuries or damages asserted or, in lieu thereof, an
authorization permitting the disclosure of such medical
records and bills; and
(i) in a suit alleging physical or mental injury and damages
from the occurrence that is the subject of the case, all
medical records and bills obtained by the responding party
by virtue of an authorization furnished by the requesting
party.
Certain Responses Not Admissible. A response to requests
under Texas Rules of Civil Procedure Rule 194.2(c) and (d),
or under paragraphs (c) and (d) above, that has been changed
by an amended or supplemental response is not admissible
and may not be used for impeachment.
Comments:
Paragraphs (c) and (d) above permit a party further inquiry
into another’s legal theories and factual claims than
is often provided in notice pleadings. So-called “contention
interrogatories” are used for the same purpose. Such
requests are not properly used to require a party to marshal
evidence or brief legal issues. Paragraphs (c) and (d) are
intended to require disclosure of a party’s basic
assertions, whether in prosecution of claims or in defense.
Thus, for example, a petitioner, upon request, would be
required to disclose that he or she has a claim for reimbursement,
that such claim was for that spouse’s separate property
contribution to enhancement in value of the community property
residence; and to state the amount of such claim and how
the amount of such claim was calculated. A respondent would
similarly be required to disclose the basis for any contest
of the reimbursement claim. As another example, the conservator
seeking child support at variance with the Family Code guidelines
would be required to explain the basis for such variation.
THIS DALLAS COUNTY STANDING ORDER REGARDING DISCLOSURES
SHALL
BE COME EFFECTIVE ON ________________________.
_______________ _____________________
Judge Jeff Coen Judge Frances Harris
254th District Court 302nd District Court
__________________ _______________________
Judge Craig Fowler Judge Dennise Garcia
255th District Court 303rd District Court
__________________ _______________________
Judge Brenda Green Judge Marilea Lewis
256th District Court 330th District Court
____________________
Judge Susan Rankin
301st District Court
NOTE -- THIS IS ONLY A DRAFT ORDER --
