Disclosure decides admissibility
Two rules in the civil-procedure book decide more evidence fights than most of the Evidence Rules: what was not timely disclosed is excluded by default, and what the other side produced authenticates itself against them. Both are taught below in the rules' own words. This page does not weigh your facts, draft an objection, or predict a ruling — strategy belongs to a licensed Texas attorney.
Rule 193.6 — undisclosed evidence is excluded by default
The exclusion is the rule's own starting point, not a sanction a judge invents — and the way back in has a named burden and a record requirement.
1 · Tex. R. Civ. P. 193.6(a)
The default
Untimely-disclosed material and untimely-identified witnesses do not come in.
“may not introduce in evidence the material or information that was not timely disclosed, or offer the testimony”
2 · Tex. R. Civ. P. 193.6(a)
The parenthetical
One carve-out sits inside the sentence itself — a named party's own testimony.
“of a witness (other than a named party) who was not timely identified”
3 · Tex. R. Civ. P. 193.6(a)(1)–(2)
The two exceptions
Good cause — or no unfair surprise and no unfair prejudice. Two doors, stated in the rule's own words.
“will not unfairly surprise or unfairly prejudice the other parties”
4 · Tex. R. Civ. P. 193.6(b)
The burden and the record
The proponent carries it, and the finding must live in the record.
“The burden of establishing good cause or the lack of unfair surprise or unfair prejudice is on the party seeking to introduce the evidence or call the witness.”
5 · Tex. R. Civ. P. 193.6(c)
The rule's own cure
Even a failed burden is not always the end — the rule names the continuance.
“the court may grant a continuance or temporarily postpone the trial to allow a response to be made, amended, or supplemented”
Rule 193.7 — the opponent's production authenticates itself
Producing a document in written discovery authenticates it against the producer — unless a specific, good-faith authenticity objection arrives inside the clock. Authenticity ONLY: every other gate stays open.
1 · Tex. R. Civ. P. 193.7
The engine
Production is the foundation — against the producing party.
“production of a document in response to written discovery authenticates the document for use against that party in any pretrial proceeding or at trial”
2 · Tex. R. Civ. P. 193.7
The clock
Ten days after ACTUAL NOTICE of intended use — and the court can order a different window.
“within ten days or a longer or shorter time ordered by the court, after the producing party has actual notice that the document will be used”
3 · Tex. R. Civ. P. 193.7
The objection's quality bar
On the record or in writing, with a good-faith factual and legal basis.
“An objection must be either on the record or in writing and must have a good faith factual and legal basis.”
4 · Tex. R. Civ. P. 193.7
Part-specific objections
Challenging one page leaves the rest presumed authentic.
“An objection made to the authenticity of only part of a document does not affect the authenticity of the remainder.”
5 · Tex. R. Civ. P. 193.7
The cure window
A valid objection opens a reasonable opportunity to authenticate the ordinary way.
“the party attempting to use the document should be given a reasonable opportunity to establish its authenticity”
What Rule 193.7 resolves — and everything it never touches
The shortcut reaches authenticity only. Every other gate stays exactly where it was.