Motion To Compel Discovery Texas Example

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

The Motion to Compel Discovery Texas Example is a legal document that allows parties involved in a lawsuit to request the court to order the opposing party to provide requested evidence or testimony that has not been disclosed. This form is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants who are working on cases that require the acquisition of crucial information to support their claims and defenses. Key features of the form include sections for detailing the specific discovery requests, the reasons for the motion, and any previous attempts to obtain the information. To fill out the form, users should clearly specify the requests being sought, provide supporting arguments justifying the need for the discovery, and indicate how the lack of compliance may hinder the case. Editing should focus on ensuring all required fields are completed accurately and concisely. The motion can be utilized in various contexts, such as civil litigation, family law cases, or when seeking evidence in commercial disputes, making it versatile for multiple practice areas. Overall, this document serves as a critical tool for facilitating the discovery process in Texas legal proceedings.
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FAQ

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.

A motion to compel discovery from a party should be made in the court in which the action is pending or in any district court in the district in which the deposition is being taken. Tex. R. Civ.

(b) Good Faith Efforts to Confer Before a party files a motion to compel a response to discovery, the party must make a good faith effort to confer with the person or party allegedly failing to properly respond to a request for discovery in an effort to secure information or material without action by the ALJ.

A motion to compel asks the court to order either the opposing party or a third party to take some action. This sort of motion most commonly deals with discovery disputes, when a party who has propounded discovery to either the opposing party or a third party believes that the discovery responses are insufficient.

For example, a party may file a motion asking the court to: Order another party or person to: ... Quash a subpoena that improperly seeks documents or testimony. Order the parties to maintain the confidentiality of commercially sensitive, trade secret, proprietary, or personal information.

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Motion To Compel Discovery Texas Example