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Motion to compel discovery texas9/25/2023 ![]() ![]() Practitioners are encouraged to move to compel as soon as possible after the need arises waiting affords the opposing party the opportunity to argue prejudice from the delay. Sanctions can be monetary, such as requiring one party to pay the other parties attorneys’ fees and/or imposing a monetary fine, or they can hamper a party’s ability to put on their case.įor example, the Court can deny a party the right to assert a defense or even strike the offending party’s pleadings and enter judgment for their opponent.Īs experienced litigators, the attorneys at Gaslowitz Frankel can guide you through the discovery process and protect your rights.ĬONTACT US to schedule a consultation today. There are no other timing requirements in the Texas Rules of Civil Procedure specifically applicable to motions to compel discovery. SanctionsĬourts enforce their orders by imposing sanctions on a party who fails to comply. If a motion to compel is granted and the Court orders the information produced, failing to comply with that order can lead to serious consequences. When that happens, a party can file a motion to compel, asking the Court to order the opposing party to produce the contested documents or information. For example, imagine you are in the middle of a lawsuit and the other side has failed to produce important documents that you requested. Be sure to check the assigned judge's individual practice procedures for additional formatting requirements. ![]() Usually, this is only filed within an active lawsuit as a discovery motion. A Checklist of formatting rules for motions to compel discovery filed in the US District Court for the Western District of Texas. Possible outcomes following a motion to compel discovery The requesting party tells the judge why the requested Discovery is pertinent to the case. With US Legal Forms, you can select from 85,000 state-specific templates. While there are legitimate reasons for withholding certain documents and information from discovery, often parties will assert that they are entitled to withhold discovery for illegitimate reasons. A motion to compel is a legal document filed with the court that asks the court to order the other party to take a specific action. To ensure the validity of your documents, make sure to use proper legal forms. Parties to a civil action, such as a fiduciary dispute, are entitled to engage in discovery, which is a process that enables the parties to obtain evidence in the form of documents and information that can be used at trial. 215.1 (a), (b), (c) the motion should include the following: Facts concerning all prior requests, including dates propounded, responses received, etc. Fiduciary disputes can become hostile when one party tries to conceal a piece of evidence. When moving the court to compel further responses to discovery under Tex.
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