Texas Order Compelling Discovery

The motion to compel further responses has to be brought within 45 days of service of the response. (C.C.P. § 2030.300) Sounds simple enough, but it's not. You have to understand when something is deemed served.

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.

Organize documents. Organize according to the demand number. Don't duplicate documents. If you're providing three years of bank statements in response to one demand, and the same documents contain information responsive to another demand, state so. Comply with the due date. Communicate. Do a complete job.

The motion to compel further responses has to be brought within 45 days of service of the response. (C.C.P.

About compelling discovery If one side neglects to respond to requests for discovery by the deadline, the requesting party may choose to file a motion to compel discovery. Other situations may warrant a motion to compel, including incomplete responses, skipped questions, or an outright refusal to answer.

Discovery responses are often served after a motion to compel is already filed. In this scenario the moving party can simply take the motion off calendar. The moving party can move forward with discovery sanctions.

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.

A motion to compel asks the court to enforce a request for information relevant to a case.The requesting party files a motion to compel discovery responses if the opposing party continues to deny the discovery request.

SUMMARY: Failure to timely answer discovery or refusal to answer discovery has two important and potentially catastrophic consequences. You may waive your right to object to the discovery even if the other party has no right to the information requested. In other words, you may be forced to give it to them.