Texas Defendant's Motion for Protective Order and Response to Plaintiff's Motion to Compel
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How to fill out Defendant's Motion For Protective Order And Response To Plaintiff's Motion To Compel?
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FAQ
Briefing Schedule and Procedure Compared to most other state court jurisdictions, the mandated notice period for motions is very short, only three (3) days. The Texas Rules of Civil Procedure do not provide a schedule for presenting written opposition or reply papers.
Hear this out loud PauseDeadline 45 days: Motion to Compel must be filed within 45 days from insufficient response [See Above].
Hear this out loud PauseGenerally, the party receiving the discovery request has 30 days to respond. Some exceptions and variations apply, so make sure you review how much time you have to respond depending on the type of case, the rules, and the type of discovery method used.
Hear this out loud PauseA response and brief to an opposed motion must be filed within 21 days from the date the motion is filed. Time for Reply Briefs. Unless otherwise directed by the presiding judge, a party who has filed an opposed motion may file a reply brief within 14 days from the date the response is filed.
We don't like Motions to Compel. Judges don't like them, and neither do the opposing parties we bring them against. But they are, sometimes, required to be brought in cases where you need information to make sure you know what facts, witnesses and documents are in a case prior to going to going to trial.
The answering or objecting party may file a response to the motion to compel. The response must contain adequate justification for that party's objections, or argument showing why the party's answers to the discovery requests at issue were sufficient.
Elements to keep in mind while filing the Motion to Compel is to mention the nature of the case, identify the question that needs to be answered or the object or document that is needed and explain how it relates to the case, attach the other party's written refusal to make available the information or object, make it ...
Hear this out loud PauseA motion to compel shall not be filed less than 10 days before the first day of the hearing on the merits, unless good cause is shown. A judge may deny or limit relief sought in a motion to compel if the judge determines that the discovery requests at issue are improper or unduly burdensome.
