S.D.G. v. State

I agree with the opinion of the majority except as to allowing the State’s witnesses, who were not identified in interrogatory answers, to testify. Concerning that issue, the majority opinion correctly recites the authorities providing that, under the civil discovery rules and caselaw, exclusion of those witnesses was mandatory without a showing of good cause by the State.

In addition, the purpose of the good cause exception is to excuse a failure to comply with discovery in difficult or impossible circumstances. Alvarado v. Farah Mfg. Co., 830 S.W.2d 911, 914 (Tex.1992). A trial court has…