If the defendant does not respond to the plaintiff’s discovery request or does so inadequately or inappropriately, the plaintiff should file a motion to compel discovery. Most likely the court will simply order that discovery be completed and delivered on a date certain. However, Tex. R. Civ. P. 215 provides a listing of potential sanctions for noncompliance.
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Plaintiff’s Motion to Compel Discovery
[Name of plaintiff], Plaintiff, moves that [name of defendant], Defendant, be required to respond to discovery and shows the Court as follows:
1.Facts. Plaintiff served discovery on Defendant consisting of [describe type of discovery requested, e.g., interrogatories] in accordance with the Texas Rules of Civil Procedure. Defendant [failed to produce all the documents requested/failed to answer the interrogatories/asserted objections] within the time specified. Defendant’s refusal to respond completely to or otherwise comply with Plaintiff’s discovery requests is without substantial justification. [Include if required by local rules: True and correct copies of the discovery requests and responses are attached as Exhibit[s] [exhibit number[s]/letter[s]]].
2.Grounds. Pursuant to rule 215, Defendant’s refusal to comply with Plaintiff’s discovery request[s] is grounds for this Court to enter an order compelling Defendant to respond as required.
3.Attorney’s Fees and Expenses. Defendant’s refusal to comply has made it necessary for Plaintiff to employ the undersigned attorney to bring this proceeding to compel a response. Pursuant to rule 215, Plaintiff is entitled to recover reasonable expenses, including reasonable attorney’s fees incurred in obtaining an order to compel. Reasonable attorney’s fees and expenses for the services rendered and to be rendered in this regard are at least $[amount].
4.Prayer. Plaintiff prays that—
a.the Court set this matter for hearing;
b.Defendant, after notice of hearing, be ordered to respond to the discovery requested;
c.Plaintiff be granted reasonable attorney’s fees and expenses of at least $[amount] incurred in obtaining the order; and
d.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]