Rule 4.4 - Duty of Disclosure Without waiting for a discovery request, each party to a suit for divorce, annulment, or a suit in which child or spousal support is in issue, has a duty of disclosure of certain information to the other party. "Disclosure" includes providing for inspection and copying the information in the party's "possession, custody or control," as that phrase is defined in Rule 166b(2)(b) of the T.R.C.P.. Different types of suits require disclosure of different information.
4.4.1 Disclosure in Suit for Divorce or Annulment. Each party to a suit for divorce or annulment shall, without waiting for a discovery request, provide to the other party the following information about property in which the party claims an interest:1) all documents pertaining to real estate;2) all documents pertaining to any pension, retirement, profit-sharing, or other employee benefit plan, together with the most recent account statement for any plan;3) all documents pertaining to any life, casualty, liability, and health insurance;4) the most recent account statement pertaining to any account located with any financial institution including, but not limited to, banks, savings & loans, credit unions, and brokerage firms.4.4.2Disclosure in Suit in which Child or Spousal Support is in Issue. Each party to a suit in which child support or spousal support is in issue shall, without waiting for a discovery request, provide to the other party the following information:1) all policies, statements, and description of benefits which reflect any and all medical and health insurance coverage that is or would be available for the child or the spouse;2) Unless the information has previously been exchanged in connection with a temporary hearing (Rule 4.1), a Financial Information Statement for the party, together with that party's previous two years income tax returns and two most recent payroll check stubs, or, if no payroll check stubs are available, the party's latest Form MT-2.4.4.3Failure to Comply. This rule providing for the duty of disclosure shall constitute a discovery request under T.R.C.P., and failure to comply with this rule (or any of its subparts) may be grounds for sanctions, as prescribed by Rule 215 of T.R.C.P..4.4.4Method of Disclosure.1) Timing of Disclosure. Disclosure required under this rule shall be made as follows: a) by a Petitioner or Movant within 30 days after the Respondent files Respondent's first pleading or makes a general appearance in the case;b) by a Respondent within 30 days after he or she files Respondent's first pleading or makes a general appearance in the case, whichever occurs first.2)Delivery of Disclosure. The disclosures required under this rule shall be made by furnishing the information to the opposing party's attorney of record or, if the opposing party is pro se, by furnishing the disclosures to the opposing party at the party's address. Each party making a disclosure shall promptly file a notice with the court advising that the required disclosure has taken place.4.4.5Duty to Supplement. After disclosure is made pursuant to this rule, each party shall be under a duty to reasonably supplement or to amend the information it the party obtains information on the basis of which he or she knows that the information disclosed was either incomplete or incorrect when made, or is no longer complete or true.4.4.6Rule 11. The provisions of this role may be modified by agreement pursuant to Rule 11 or T.R.C.P.Harris Cnty. Fam. Div. L. R. 4.4