Texas Discovery: A Practitioner’s Guide to Taking and Resisting Discovery Under the Texas Rules of Civil Procedure

Since completing his clerkship for the Hon. Paul C. Weick of the U.S. Court of Appeals for the Sixth Circuit, Mr. Wise has practiced law in Dallas, Texas, for more than forty years. A former equity partner in a large international law firm and his own boutique litigation firm, he is now “Of Counsel” at Cobb Martinez Woodward LLP. Mr. Wise’s practice involves complex business litigation, primarily in the energy industry; construction-defects litigation; and high-dollar personal-injury matters. He has successfully defended a number of “bet-the-company” cases. Mr. Wise also has extensive appellate experience, having argued before most federal and Texas appellate courts, including the Texas and Oklahoma Supreme Courts. An accomplished writer, Mr. Wise taught legal writing at SMU’s law school for many years and has published two books on Texas discovery practice and many law review articles on a variety of topics. He has given many presentations about discovery, including ones for the Dallas, Fort Worth, Austin, and Collin County bar associations and a CLE on discovery for the University of Texas. Mr. Wise has been recognized as a “Best Lawyer” by the publishers of Best Lawyers in America and Texas Super Lawyers (Thompson Reuters Business), was named “Litigator of the Week” in the March 25, 2012 edition of the Texas Lawyer for beating the Federal Trade Commission in FTC v. Financial Freedom Processing, Inc., et al., No. 3:10-CV-2446-N (N.D. Tex. Mar. 12, 2012), aff’d, No. 12-10520, 2013 U.S. App. LEXIS 16766 (5th Cir. Aug. 12, 2013), and “Appellate Lawyer of the Week” in the November 24, 2014 edition of the Texas Lawyer for preserving a summary-judgment in a multi-million dollar fire case, and received the Texas Bar Foundation’s 2015 “Outstanding Law Review Article Award” for his 2014 St. Mary Law Journal article, A Guide to Properly Using and Responding to Requests for Admission under the Texas Discovery Rules.

Ms. Wooten is a partner at Scott Douglass & McConnico LLP in Austin, Texas. Before joining the firm, she clerked for former Chief Justice Wallace B. Jefferson of the Supreme Court of Texas, worked at Baker Botts LLP, and served as the Rules Attorney for the Supreme Court of Texas. Ms. Wooten has represented a wide range of clients on both sides of the docket. Her practice focuses on general civil litigation and appeals.

Ms. Wooten’s experience as Rules Attorney gave her a specialized understanding of local and statewide rules in Texas. In that position, she responded to public inquiries about rules, assisted with promulgating rules, and worked with the State Bar of Texas, committees, task forces, and other entities to address issues confronting Texas litigants. She has continued to focus on rule-related matters in private practice. She serves on the Texas Supreme Court Advisory Committee and has served on the Texas Remote Proceedings Task Force, the Supreme Court of Texas Task Force for Rules in Expedited Actions, and the State Bar’s Court Rules Committee. 

Ms. Wooten’s dedication to serving the community extends beyond rule-related work. For example, she is a member of the American Law Institute and the Editorial Board of The Advocate (a publication of the State Bar’s Litigation Section). Previously, she served as the Chair of the State Bar’s Board of Directors, the president of the Austin Bar Association, the president of the Austin Young Lawyers Association, a member of the Texas Access to Justice Commission, a board member and secretary for the Texas Legal Services Center, a member of the Texas Commission to Expand Civil Legal Services, and the Editor-in- Chief for Austin Lawyer (an Austin Bar publication).

Ms. Wooten is a frequent speaker at Continuing Legal Education events in Texas. She is a Chambers USA Band 1 recognized practitioner in general commercial litigation, and she has been recognized by Austin Monthly as one of Austin’s Top Attorneys in Civil Litigation (in 2020–2024) and by Thomson Reuters as a “Texas Rising Star” (in 2008–2009 and 2013–2017), a “Texas Super Lawyer” (in 2019–2024), one of the Top 50 Women Texas Lawyers (in 2024), and one of the Top 50 Central/West Texas Super Lawyers (in 2024). She has received several awards, including a State Bar Presidential Citation for State Bar work, a Litigation/Appellate Attorney Award from the Travis County Women Lawyers Association, a State Bar “Standing Ovation” Volunteer Award, and a Special Commendation of the Supreme Court of Texas and State Bar for rules work.

Ms. Di Troia is a trial lawyer at Barron & Newburger, P.C. in Austin, Texas, where she represents both plaintiffs and defendants in state and federal courts. She has tried more than twenty cases to judgment as lead counsel—including jury trials—in matters involving constitutional, consumer, insurance, and tort claims. Her courtroom experience informs a practice that also includes appellate work, class action defense, and complex discovery disputes.

Before joining Barron & Newburger, Ms. Di Troia served as an Assistant Attorney General, defending governmental entities in tort, employment, and constitutional litigation. That experience gave her
discovery and trial strategy from both sides of the docket.

Ms. Di Troia has been recognized as a Texas Rising Star (2023–2025). She teaches trial advocacy and coaches mock trial teams at the University of Texas School of Law, where she is an Adjunct Professor. A frequent CLE presenter on discovery disputes and civil procedure, she also serves on the Board of Directors for the Youth Justice Alliance, a nonprofit supporting high school legal clinics. She holds a J.D. from the University of Texas at Austin and a B.A. from Texas State University. A sixth-generation Texan and black belt in Judo, she brings the same discipline to the courtroom that she does to the mat.

Mr. McDuffie is an Assistant Attorney General at the Office of the Attorney General of Texas’ Law Enforcement Defense Division. Originally from Richmond, Texas, Mr. McDuffie graduated summa cum laude from Austin College with a Bachelor of Arts in East Asian Language and Culture. After graduating from Austin College, Mr. McDuffie spent time teaching English in Beijing, China, and later worked at the Texas A&M University Police Department. Mr. McDuffie subsequently earned his juris doctor from the University of Texas at Austin School of Law, and entered state service as an Assistant Attorney General of Texas, practicing civil rights and personal injury law in defense of State-employed law enforcement agencies and officers. Mr. McDuffie now practices ad valorem property tax litigation at McCreary, Veselka, Bragg & Allen, P.C.

Mr. Cox is a partner at Bell Nunnally & Martin LLP in Dallas, Texas, where his practice focuses on complex commercial and business ownership disputes, including breach of contract, business torts, misappropriation of trade secrets, shareholder derivative suits, and internal governance disputes. Mr. Cox has represented businesses and individuals in Delaware Court of Chancery and has extensive experience in the Texas Business Court, including filing the first case in the new court system. After graduating law school, Mr. Cox clerked for the Honorable Jeffrey C. Manske of the United States District Court for the Western District of Texas. Mr. Cox is an active contributor to legal thought leadership on litigation practice and emerging developments in Texas law, including the Texas Business Courts. He has authored numerous articles addressing federal and Texas procedure, discovery issues, and evolving corporate legal issues. He has been recognized by his peers and the legal community, including selection to D Magazine’s “Best Lawyers Under 40 in Dallas” (2025–2026), Best Lawyers in America: Ones to Watch (2024–2026), and as a Texas Super Lawyers Rising Star (2024–2026). Mr. Cox is active in the Dallas community, serving in leadership roles with the Dallas Regional Chamber Young Professionals Advisory Council and on the boards of the Dallas Chamber Symphony, Greater East Dallas Chamber of Commerce, and Primos Dallas.