Houston Texas Defendant's Response to Motion to Compel
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How to fill out Texas Defendant's Response To Motion To Compel?
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FAQ
The response is due seven days before the hearing. If the respondent amends the cause of action at least three days before the hearing, the movant may withdraw or amend the motion.
After the motion is filed, the person to be examined, and all parties to the case, must be formally served with notice of the hearing that will determine whether or not the order is granted. If granted, the order must be in writing and specify a time, place, manner, conditions, and scope of the examinations.
Texas Motion to Compel: Involving the Court to compel the debtor to comply with post-judgment discovery. Frequently we see judgment debtors will not answer the written discovery we send them. At that point we will file a motion to compel. This document asks the court to order compliance with the requests we have made.
The responding party must serve a written response on the requesting party within 30 days after service of the interrogatories.
Once the court grants the motion to compel, the court will grant the other party a deadline before which the documents or information must be shared. If the person does not respect the order of the court, there may be severe consequences such as the dismissal of the other party's case or being in contempt of court.
There are no other timing requirements in the Texas Rules of Civil Procedure specifically applicable to motions to compel discovery. Practitioners are encouraged to move to compel as soon as possible after the need arises; waiting affords the opposing party the opportunity to argue prejudice from the delay.
(TRCP 194.1). A party must respond within 30 days from service of the request, unless the defendant is served before its answer is due, in which event, defendant has 50 days after service to respond.