Form 26-12

The defendant’s disobedience of an order compelling answers to interrogatories or to give deposition is punishable by contempt. Tex. R. Civ. P. 215.2(b)(6). See sections 26.6 and 26.7 in this chapter. Once the court has set a show-cause hearing, the attorney should have a copy of the show-cause order and motion personally served on the respondent. See section 26.7:4.

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

Motion to Hold [name of respondent] in Contempt and for Show-Cause Order for Failure to [Answer Interrogatories/Give Deposition] in Aid of Judgment

1.Parties.      Movant is [name of plaintiff], Plaintiff and judgment creditor in this cause, who moves that

Respondent, [name of individual judgment debtor], Defendant and judgment debtor in this cause,

Respondent, [name of individual ordered to answer interrogatories], as representative of Defendant and judgment debtor [name of corporate judgment debtor],

be held in contempt of court for disobeying this Court’s order to [answer interrogatories/give deposition]. Respondent may be served with process at [address, city, state].

2.Facts.      On [date], this Court ordered Respondent to forward to Movant’s attorney of record on or before [date] a complete, sworn set of written answers to Movant’s interroga­tories in aid of judgment that were addressed to Respondent and served on [date]. Respondent has not forwarded to Movant’s attorney answers to Movant’s interrogatories.

2.Facts.      On [date], this Court ordered Respondent to appear and give a deposition and produce certain documents at [address, city, county] County, Texas, on [date], at [time]. Respondent, although having had proper notice of the order of the Court, has willfully failed and refused to obey the lawful orders of this Court. Respondent failed to appear at the offices of Movant’s attorneys, produce the requested documents, and give a deposition at the time ordered to do so and has not contacted Movant’s attorneys to schedule another time agreeable to the parties to give the deposition and produce the requested documents.

1.Grounds.      Under rule 215 of the Texas Rules of Civil Procedure, Respondent’s refusal to comply with this Court’s order is a contempt of court. Respondent should be pun­ished for contempt and jailed thereafter until Respondent complies with this Court’s order.

2.Attorney’s Fees.      As a result of Respondent’s failure to obey the order of this Court entered on [date], Movant has brought this Motion to Hold [name of respondent] in Contempt. Under rule 215 of the Texas Rules of Civil Procedure, Movant is entitled to reason­able expenses and attorney’s fees incurred in bringing this motion. Reasonable attorney’s fees for the services rendered in this matter are at least $[amount].

3.Prayer.      Movant prays that—

a.the Court set this matter for hearing;

b.Respondent be ordered to appear and show cause why Respondent should not be held in contempt of court for refusing to comply with the Court’s order [compelling answers to interrogatories in aid of judgment/compelling Respondent to appear and give a deposition and to produce certain docu­ments];

c.Respondent, after notice and hearing, be held in contempt of court;

d.a writ of attachment be issued for Respondent;

e.Respondent be fined $[amount];

f.Respondent be confined in jail for [time period] and thereafter until Respon­dent purges himself of contempt by complying with the orders of this Court;

g.Respondent be required to post bond payable to Movant to ensure Respon­dent’s appearance if released from confinement;

h.Respondent be ordered to pay all court costs of this proceeding;

i.Respondent be required to pay reasonable expenses incurred by Movant in making this motion and obtaining an order for contempt;

j.Respondent be required to pay at least $[amount] as reasonable attorney’s fees incurred by Movant in making this motion and obtaining an order for contempt; and

k.Movant be granted all further relief to which Movant may be entitled.

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

Before me, the undersigned authority, on this day personally appeared [name of attor­ney], who, being by me duly sworn, did on oath state:

I am over the age of twenty-one years, have never been convicted of a criminal offense, and am competent to testify. I am the attorney of record for [name of plaintiff], have personal knowledge of the facts in this affidavit, and they are true and correct. All fees due [name of person subpoenaed], as a witness, by law were paid or tendered.

   
[Name of attorney]

SIGNED under oath before me on ________________________________.

   
Notary Public, State of Texas

Order

It is ORDERED that the clerk issue notice to Respondent, [name of respondent], to appear, and Respondent is hereby ORDERED to appear before this Court on ________________ at ____ __.m., at [location of court], to show cause why Respondent should not be held in contempt for disobedience of this Court’s order as alleged in the attached Motion to Hold [name of respondent] in Contempt.

SIGNED on ________________________________.

   
JUDGE PRESIDING