§ 41.0115.Discovery of Evidence of Net Worth for Exemplary Damages Claim

Title 2. Trial, Judgment, and Appeal · Subtitle C. Judgments · Chapter 41. Damages · Last amended 2015 · Last verified August 29, 2026

In one sentenceSection 41.0115 bars discovery of a defendant's net worth unless the court finds in writing that the claimant has shown a substantial likelihood of success on the exemplary damages claim, and then permits only the least burdensome method.

Full Text of § 41.0115

Text sizeJump to: (a) (b) (c) (d)

(a)On the motion of a party and after notice and a hearing, a trial court may authorize discovery of evidence of a defendant's net worth if the court finds in a written order that the claimant has demonstrated a substantial likelihood of success on the merits of a claim for exemplary damages. Evidence submitted by a party to the court in support of or in opposition to a motion made under this subsection may be in the form of an affidavit or a response to discovery.

(b)If a trial court authorizes discovery under Subsection (a), the court's order may only authorize use of the least burdensome method available to obtain the net worth evidence.

(c)When reviewing an order authorizing or denying discovery of net worth evidence under this section, the reviewing court may consider only the evidence submitted by the parties to the trial court in support of or in opposition to the motion described by Subsection (a).

(d)If a party requests net worth discovery under this section, the court shall presume that the requesting party has had adequate time for the discovery of facts relating to exemplary damages for purposes of allowing the party from whom net worth discovery is sought to move for summary judgment on the requesting party's claim for exemplary damages under Rule 166a(i), Texas Rules of Civil Procedure.

End

Plain-English Summary

A 2015 addition, and it closed a long-standing pressure point in Texas litigation.

Net worth is a factor in setting exemplary damages, so a claimant who pleads them has a reason to seek the defendant's financial records. Before this section, pleading the claim was close to enough to open that discovery — an intrusion valuable as leverage whether or not the punitive claim had merit.

The section installs a gate. On motion, after notice and a hearing, a court may authorise net worth discovery only if it finds in a written order that the claimant has demonstrated a substantial likelihood of success on the merits of the exemplary damages claim. Evidence for or against the motion may be by affidavit or a response to discovery.

Even when granted, the order is confined: it may only authorize use of the least burdensome method available to obtain the evidence.

Subsection (c) fixes the record on review. A court reviewing an order granting or denying net worth discovery may consider only the evidence submitted by the parties to the trial court on that motion. The record cannot be supplemented on the way up.

Subsection (d) is the trade-off, and it is easy to overlook. If a party requests net worth discovery, the court shall presume that the requesting party has had adequate time for discovery of facts relating to exemplary damages — which allows the party from whom the discovery is sought to move for no-evidence summary judgment under Rule 166a(i) on the exemplary damages claim.

Asking for net worth therefore has a cost. It opens the claimant to an immediate no-evidence motion on the claim the request depends on.

Frequently Asked Questions

Can a plaintiff discover a defendant's net worth in Texas?

Only with a court order, after notice and a hearing, and only if the court finds in writing that the claimant has demonstrated a substantial likelihood of success on the exemplary damages claim.

What method of discovery is allowed?

Only the least burdensome method available to obtain the net worth evidence.

Is there a downside to requesting net worth discovery?

Yes. The court presumes the requesting party has had adequate time for discovery on exemplary damages, which lets the other side move for no-evidence summary judgment on that claim under Rule 166a(i).

What can an appellate court consider?

Only the evidence the parties submitted to the trial court in support of or opposition to the motion.

Amendment History

Added by Acts 2015, 84th Leg., R.S., Ch. 1159 (S.B. 735), Sec. 2, eff. September 1, 2015.

Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source