What happens if defendant does not respond to discovery?

Failure to discover may result in judgement being given against the defaulting party in the main action. Documents, which may harm a litigant's case, must be ascertained as soon as possible to limit any damage that may be caused. Discovery to a large extent reduces the 'surprise' element.

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Motion to Compel and For Attorney's Fees and Expenses

Tarrant Texas Motion to Compel and For Attorney's Fees and Expenses

Name: Tarrant Texas Motion to Compel and For Attorney's Fees and Expenses
Brand: US Legal Forms
Rating: 4.8 (361 reviews)

Category:

Civil Procedure - Motions - Sample Motions

State:

Multi-State

County:

Tarrant

Control #:

US-MOT-01420

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Instant download

Description

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.

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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.

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.

The opposing party has a deadline of 14 days after service of a motion to compel to file a response of not more than 20 pages that includes a memorandum of legal authority in opposition to the motion.

Time in Which to Bring a Motion to Compel Further Responses The motion to compel further responses has to be brought within 45 days of service of the response. (C.C.P.

(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.

Failure to discover may result in judgement being given against the defaulting party in the main action. Documents, which may harm a litigant's case, must be ascertained as soon as possible to limit any damage that may be caused. Discovery to a large extent reduces the 'surprise' element.

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.

Courts enforce their orders by imposing sanctions on a party who fails to comply. Sanctions can be monetary, such as requiring one party to pay the other parties attorneys' fees and/or imposing a monetary fine, or they can hamper a party's ability to put on their case.

Motion for Sanctions If the court issues an order compelling discovery, and the party fails to comply with that order, then the court may sanction the party in numerous ways such as refusing to let in the party's evidence at trial, dismissing their lawsuit, or striking their defense to a lawsuit, and imposing

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's ("XTO") Motion for Attorneys'. Attorney's fees that were assessed at contempt hearing despite the specific amount not having been pled in the Petition for Enforcement).F. Probate of Will After Four Years Attorney Ad Litem . Get free access to the complete judgment in Tarrant Cnty. 57.105 Attorney's fee; sanctions for raising unsupported claims or defenses; exceptions; service of motions; damages for delay of litigation.—. A motion for an order to a party must be made in the court where the action is pending.

Tarrant Texas Motion to Compel and For Attorney's Fees and Expenses

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