Form 18-27

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

Order Compelling Discovery

On [date], a hearing was held on Plaintiff’s motion to compel discovery in the above-styled and -numbered cause. The Court finds that [name of plaintiff], Plaintiff, served on [name of defendant], Defendant, [describe type of discovery request involved, e.g., inter­rogatories] in the time and manner prescribed in the Texas Rules of Civil Procedure. The Court further finds that Defendant failed to respond to Plaintiff’s discovery request[s] in the time and manner prescribed by the rules.

Accordingly, the Court finds that Plaintiff’s motion to compel discovery should be sus­tained.

It is therefore ORDERED that Defendant shall forward to Plaintiff by and through Plaintiff’s attorney on or before [date] [describe type of discovery requested, e.g., a set of full and complete sworn answers to Plaintiff’s interrogatories].

The Court further finds that Plaintiff is entitled to $[amount] as reasonable attorney’s fees for preparing and presenting this motion. Defendant is ORDERED to pay the attorney’s fees to the attorney of record for Plaintiff on or before thirty days from the date this order is signed.

It is further ORDERED that Defendant’s failure to comply with this order shall subject Defendant to sanctions, including striking Defendant’s pleadings and entering judgment in favor of Plaintiff and against Defendant for all the relief prayed for in Plaintiff’s petition.

SIGNED on ________________________________.

   
JUDGE PRESIDING

APPROVED AS TO FORM:

   
[Name]
Attorney for Plaintiff

   
[Name]
Attorney for Defendant