This form is a Motion to Compel and for Attorney's Fees and Expenses. Plaintiff requests that the court compel the defendant to respond to certain interrogatories and produce certain documents for review. The plaintiff also demands that the court compel defendant to pay all attorney's fees and expenses. The form also contains a Certificate of Service.
Texas Motion to Compel and For Attorney's Fees and Expenses
State:
Multi-State
Control #:
US-MOT-01420
Format:
Word;
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How to fill out Motion To Compel And For Attorney's Fees And Expenses?
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FAQ
(a) Generally. In general, a party may obtain discovery regarding any matter that is not privileged and is relevant to the subject matter of the pending action, whether it relates to the claim or defense of the party seeking discovery or the claim or defense of any other party.
A motion to compel a response to discovery must include: the nature of the questions or request at issue; the response or objections of the party upon whom the request was served; arguments in support of the motion; and.
A party may obtain discovery of the name, address, and telephone number of persons having knowledge of relevant facts, and a brief statement of each identified person's connection with the case. A person has knowledge of relevant facts when that person has or may have knowledge of any discoverable matter.
192.7 Definitions. As used in these rules: (a) Written discovery means required disclosures, requests for disclosure in suits governed by the Family Code, requests for production and inspection of documents and tangible things, requests for entry onto property, interrogatories, and requests for admission.
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.
Under § 38.001 of the Texas Civil Practice and Remedies Code, a party may recover reasonable attorneys' fees if they prevail on a breach of contract claim, regardless of whether the contract itself includes an attorneys' fees provision.
192.6 Protective Orders. (a) Motion. A person from whom discovery is sought, and any other person affected by the discovery request, may move within the time permitted for response to the discovery request for an order protecting that person from the discovery sought.
Texas Rule of Civil Procedure 193.7 sets forth a procedure for self-authentication of documents used against a party which produced them.