Motion To Compel Discovery And For Sanctions

State:
Texas
Control #:
TX-G0059
Format:
PDF
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Description

The Motion to Compel Discovery and for Sanctions is a vital legal document used to request a court order that compels a party to provide requested information during the discovery process. This form is particularly useful when one party fails to comply with discovery requests, hindering the legal proceedings. Key features of the form include sections for identifying the parties involved, detailing the specific discovery requests, and outlining the reasons for the motion. Additionally, users can specify the sanctions sought for non-compliance, which might include monetary penalties or other corrective measures. For attorneys, partners, and associates, this form is crucial for ensuring that their clients receive necessary evidence and to uphold the integrity of the discovery process. Paralegals and legal assistants can aid in preparing and filing this motion by gathering relevant documentation and assembling the required information. It is essential for users to follow proper filing instructions and court guidelines to ensure the motion is accepted and acted upon. Overall, this form serves as a key tool in advocating for a fair and efficient discovery phase in litigation.
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FAQ

The motion to compel is used to ask the court to order the non-complying party to produce the documentation or information requested, and/or to sanction the non-complying party for their failure to comply with the discovery requests.

These sanctions sometimes come in the form of an order to strike the defendant's answer or the entry of a default judgment against the party found to be abusing the discovery process or egregiously failing to comply with its discovery duties.

Consider Filing a Motion to Compel if: A party fails to answer an interrogatory. A party's response to a discovery request is incomplete or evasive. A person fails to answer a question during a deposition. A non-party objects to a request for documents under a subpoena.

Rule 37 authorizes the court to direct that parties or attorneys who fail to participate in good faith in the discovery process pay the expenses, including attorney's fees, incurred by other parties as a result of that failure.

Rule 37 - Failure to Make Disclosures or to Cooperate in Discovery; Sanctions (a) Motion for Order Compelling Disclosure or Discovery (1)Generally. Subject to Rule 26(d), a party may move for an order compelling disclosure or discovery.

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Motion To Compel Discovery And For Sanctions