Form 18-21

This motion to enlarge the number of interrogatories is governed by Tex. R. Civ. P. 190.5, which sets out the circumstances under which a level 2 or level 3 discovery control plan may be modified. All dis­covery motions must contain a certificate by the party filing the motion that efforts to resolve the dis­covery dispute without the necessity of court intervention have been attempted and have failed. Tex. R. Civ. P. 191.2. Local practice varies in the procedure for setting the hearing and filing the certificate of service and on whether a judge must sign the order setting the hearing or whether the signature by the court clerk or attorney is sufficient.

[Caption. See § 3 of the Introduction in volume 1 of this manual.]

Plaintiff’s Motion to Enlarge Number of Written Interrogatories

[Name of plaintiff], Plaintiff, pursuant to rule 190.5 of the Texas Rules of Civil Proce­dure, requests that the Court modify the discovery control plan governing this case, to allow Plaintiff to enlarge the number of interrogatories to be served on [name of defendant], Defen­dant, to [number], not including subparts.

1.Original Discovery Control Plan.      This suit was filed on [date]. The suit is sub­ject to a [level 2/level 3] discovery control plan, as described in rule 190 of the Texas Rules of Civil Procedure. As a result, each party was limited to serving on each other party no more than [twenty-five/[number set out in court-mandated discovery control plan]] written interrog­atories, excluding interrogatories asking a party only to identify or authenticate specific docu­ments.

2.Need for Additional Interrogatories.      Plaintiff requests additional interrogatories because [state reason(s) for necessity for asking for additional interrogatories, e.g., in his responses to Plaintiff’s first set of interrogatories, Defendant alleges that his twin brother, and not Defendant, signed the promissory note in question. Additional discovery is required to investigate this claim]. The interest of justice requires the Court to enlarge the number of interrogatories Plaintiff may ask Defendant.

3.Efforts to Resolve.      A reasonable effort to resolve this discovery dispute without the necessity of Court intervention has been made and has failed.

4.Prayer.      Plaintiff prays that—

a.the Court modify the discovery control plan in this case to enlarge the num­ber of interrogatories Plaintiff be permitted to serve on Defendant to [num­ber] interrogatories, not including subparts, for good cause shown in this motion; and

b.Plaintiff be granted all further relief to which Plaintiff may be entitled.

   
[Name]
Attorney for Plaintiff
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]

Certificate of Conference

I certify that a reasonable effort has been made to resolve the discovery dispute without the necessity of court intervention and has failed.

   
[Name]
Attorney for [name of movant]