For a motion for sanctions on which this order is based, see form 18-28 in this chapter. If requesting that the defendant’s pleadings be struck, prepare a judgment to be entered by the court at the sanction hearing. Depending on local practice, it may be necessary to afford the defendant an opportunity to comply with discovery before sanctions may be imposed.
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Order Imposing Sanctions
On [date], a hearing was held on Plaintiff’s Motion for Sanctions in the above-styled and -numbered cause. The Court finds that Plaintiff, [name of plaintiff], served on Defendant, [name of defendant], [describe type of discovery request involved, e.g., interrogatories] in the time and manner prescribed by the Texas Rules of Civil Procedure. The Court further finds that Defendant has failed to respond to Plaintiff’s discovery request in the time and manner prescribed by the Rules of Civil Procedure.
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Select one of the following. |
It is therefore ORDERED that [state ground[s] prayed for in motion, e.g., Defendant’s pleadings be struck for failure to make discovery, and judgment will be entered as prayed for in Plaintiff’s petition]. The Court further finds that Plaintiff is entitled to $[amount] as reasonable expenses and $[amount] as reasonable attorney’s fees in bringing this proceeding and hereby ORDERS that these fees and expenses be paid by Defendant.
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Or |
It is therefore ORDERED that on or before [date], Defendant [state appropriate relief, e.g., serve on Plaintiff and file with the Clerk of this Court a set of full and complete sworn written answers to Plaintiff’s Interrogatories that were addressed to Defendant on [date]].
The Court further finds that Plaintiff is entitled to $[amount] as reasonable expenses and $[amount] as reasonable attorney’s fees in bringing this proceeding and ORDERS that Defendant pay to Plaintiff the sum of $[amount] for such expenses and attorney’s fees on or before [date].
The Court further ORDERS that if Defendant fails to comply with this order, the following sanction[s] will be entered against Defendant without further hearing of the Court: [list sanctions].
SIGNED on ________________________________.
JUDGE PRESIDING
APPROVED AS TO FORM:
[Name]
Attorney for Plaintiff
[Name]
Attorney for Defendant
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Attach the order to the motion at form 18-28 and file with the court clerk. |