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Once a motion to compel is filed, the court will review it and determine whether a hearing is necessary. The court may also issue an order requiring the other party to respond to the motion. If a hearing is scheduled, the parties will have the opportunity to argue their positions.
Discovery is the formal process by which the parties to a case in court exchange information about the case. This includes information about the witnesses and evidence to be presented at trial. Its purpose is to make the parties aware of the evidence which may be presented at trial.
Steps Of The Discovery Process. There are four key actions in the discovery process which include interrogatories, request for documents, request for admissions, and depositions.
You only need to sign and deliver the discovery request to the other party or the other party's attorney. If you are serving a discovery request on a non-party, then the request must be filed. Texas Rules of Civil Procedure Rule 191.4 governs the filing requirement for discovery requests.
Many types of discovery exist, including: Interrogatories. Requests for Admission. Production of Documents. Property Inspection. Physical and Mental Exams. Depositions.