Texas Motion to Compel Plaintiffs to Produce Documents at Trial

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Multi-State
Control #:
US-PI-0059
Format:
Word; 
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Description

This form is a sample motion filed by the defense requesting that the court issue a ruling compelling the plaintiff to produce certain documents at trial.
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FAQ

A fine may not be imposed, nor a person served with a subpoena attached, for failure to comply with a subpoena without proof by affidavit of the party requesting the subpoena or the party's attorney of record that all fees due the witness by law were paid or tendered. Amended by order of Nov.

Grounds For Motion ? A party may move to compel the production of documents or things if the response (1) agrees to comply, but compliance is incomplete, (2) the responding party's indication of inability to comply is incomplete, inadequate, or evasive, or (3) an objection to a request is made that is too general or ...

192.3 Scope of Discovery. (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.

It is important to understand that compliance with a subpoena is not voluntary. You must comply or face criminal contempt charges. If you are unwilling to testify before the grand jury for any reason, you may hire an attorney to challenge the subpoena. The attorney will file a motion to quash the subpoena.

Review the subpoena: carefully review the subpoena and identify the reasons why you believe it is invalid. For example, the subpoena may be overly broad, it may seek information that is not relevant to the case, or it may not comply with the legal requirements for subpoenas in Texas.

Texas Rules of Civil Procedure Rule 500.8 addresses what must be included in a subpoena if your case is in a justice of the peace court. At minimum, the subpoena is required to state: That the subpoena is issued in the name of The State of Texas; The style of the lawsuit.

215.2 Failure to Comply with Order or with Discovery Request. (a)Sanctions by court in district where deposition is taken.

On the occasion of a party's first appearance through counsel, the attorney whose signature first appears on the initial pleadings for any party shall be the attorney in charge, unless another attorney is specifically designated therein.

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Texas Motion to Compel Plaintiffs to Produce Documents at Trial