Quick answer: Before a SOAH hearing, both sides can exchange information through discovery. Under SOAH’s procedural rules (1 Texas Administrative Code Chapter 155), the tools include depositions, requests for production, interrogatories, requests for admissions, and requests for disclosure. Written discovery is capped at 25 of each type, and the process runs on firm deadlines tied to the hearing date.
What discovery is, and when it starts
Discovery is the pre-hearing exchange that lets each side gather the facts and documents it needs to prepare. In a TABC contested case, discovery can begin as soon as SOAH takes jurisdiction over the case. It does not run open-ended: it is bounded by limits on volume and by deadlines that count backward from the hearing.
The tools available
SOAH proceedings borrow from civil litigation but on a tighter frame. The available tools are depositions, requests for production of documents, written interrogatories, requests for admissions, requests for disclosure, and expert disclosures and reports. Subpoenas are handled through the licensing agency under its procedures and the APA, rather than issued directly by a party.
The limits
Rule 155.255 caps written discovery, and the caps are worth knowing before drafting:
| Tool | Limit |
|---|---|
| Interrogatories | No more than 25 (each discrete subpart counts separately) |
| Requests for production | No more than 25 |
| Requests for admissions | No more than 25, limited to jurisdictional facts or the genuineness of documents |
One difference from court practice matters: the automatic initial disclosures that the Texas Rules of Civil Procedure now require do not apply in a SOAH contested case unless the judge orders them. Information you would expect to receive automatically in a civil suit may have to be requested here.
The deadlines
Discovery is paced by the hearing date. Written requests must be served at least 30 days before the end of the discovery period, and responses are due within 30 days after receipt, unless the judge orders otherwise or the parties agree. Discovery generally must be completed at least 10 days before the hearing. Depositions carry their own rules under the APA: at least seven days’ notice, with examination limited to six hours absent agreement or the judge’s permission.
When a side will not cooperate
If a party withholds discovery it should produce, the rules provide motions to address it: a motion to compel responses, a motion for protection against overbroad requests, and a motion for in camera inspection where a privilege is claimed. The ALJ rules on these motions, and those rulings shape what evidence reaches the hearing.
A planning checklist
Before the discovery window opens, it helps to map what you actually need and against which cap it counts:
- Documents the other side relied on, through requests for production (≤25).
- Specific factual questions, through interrogatories (≤25), watching subparts.
- Admissions to narrow what is genuinely contested (≤25, jurisdiction or document genuineness only).
- Witness testimony locked in, through depositions, with at least seven days’ notice.
In practice
A restaurant contesting an after-hours-sale citation wants the TABC investigator’s field notes and the timestamps behind the alleged sale. Rather than wait for an automatic exchange that SOAH does not require, its representative serves a request for production for the notes and a short set of interrogatories about the timeline, well inside the 25-item cap, at least 30 days before the discovery period closes. The responses arrive within 30 days, and the restaurant has the timestamps in hand more than 10 days before the hearing, in time to build its defense.
FAQ
How many questions can each side send in discovery?
Under Rule 155.255, each party may serve no more than 25 interrogatories, 25 requests for production, and 25 requests for admissions, with admissions limited to jurisdictional facts or the genuineness of documents.
When does discovery have to be finished?
Generally at least 10 days before the hearing. Written requests must be served at least 30 days before the end of the discovery period, and responses are due within 30 days of receipt, unless the judge orders otherwise.
Do automatic disclosures apply like in a regular court case?
No. The automatic initial disclosures required by the Texas Rules of Civil Procedure do not apply in a SOAH contested case unless the administrative law judge orders them.
Can I depose a witness?
Yes. Depositions are available, with at least seven days’ notice, and examination is limited to six hours unless the parties agree or the judge permits more.
Current as of June 2026. This article is general educational information, not legal advice. Discovery rules and deadlines change; verify the current SOAH rules (1 TAC Chapter 155) and any orders in your own case, and consult a qualified Texas attorney about your specific situation.