Discovery Sharing in Texas: Litigant Confidentiality v. Litigation Costs

Texas courts have long allowed discovery sharing between similar cases. After evaluating both pro- and anti-sharing positions, the article concludes that sharing furthers pretrial efficiency without unduly compromising trade secrets and other confidential information. The article first examines the development of discovery sharing as a routine practice. Second, the article considers some common arguments against discovery sharing. Third, it briefly examines the relationship between sharing and efforts to reduce pretrial costs, both in Texas and federal court systems. Finally, the article contends that sharing is a practice that both reduces costs and is compatible with litigants’ proprietary-information interests, even in cases involving trade secrets.