Rule 193.6 Applies to Summary Judgment Practice
The Texas Supreme Court recently held that Rule 193.6 of the Texas Rules of Civil Procedure applies to summary judgment proceedings. Thus, any discoverable information, including expert information under Rule 194, that has not been properly disclosed or supplemented, should be excluded. The Court stated that "the 'hard deadline' established by the pretrial discovery rules ensures that the evidence presented at the summary judgment stage and the trial stage remains the same. Accordingly, the 193.6 exclusionary rule applies equally to both proceedings." This decision agrees with most courts of appeals that have addressed the issue except for Corpus Christi and Texarkana, both of which had declined to apply Rule 193.6 to summary judgment proceedings. The Court's per curiam opinion in Fort Brown Villas III Condominium Ass'n, Inc. v. Gillenwater can be found at this link.
