Form 26-19

For a discussion of sanctions for failure to appear to give deposition, see section 26.6 in this chapter and part II. in chapter 18 of this manual. Once the court has set a hearing, the attorney should ensure that the notice of hearing is complete and should send a copy of the motion and notice to the defendant or his attorney.

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

Motion to Compel [name of respondent] to Give Deposition
in Aid of Judgment

1.Service of Subpoena Duces Tecum.      Respondent, [name of respondent], was per­sonally served with a subpoena duces tecum to appear for deposition and to produce certain documents at such time.

1.Service of Notice for Oral Deposition in Aid of Judgment.      Respondent, [name of respondent], was given notice to appear for deposition and to produce certain documents at such time.

2.Failure to Depose.      Respondent failed to appear for the deposition and produce the documents required by the [subpoena/notice].

3.Attorney’s Fees.      As a result of Respondent’s failure to appear for deposition and produce the documents required by the [subpoena/notice], Movant, [name of movant], has been forced to employ the undersigned attorney to bring this proceeding to compel deposition. Under rules 215 and 621a of the Texas Rules of Civil Procedure, Movant is entitled to recover reasonable expenses, including reasonable attorney’s fees, incurred in obtaining an order to compel Respondent to appear for deposition and produce the documents described in the
[subpoena/notice]. Reasonable attorney’s fees for the services rendered and to be rendered in this regard are at least $[amount].

4.Prayer.      Movant prays that—

a.the Court set this matter for hearing;

b.Respondent, after notice and hearing, be ordered to produce all documents described in the [subpoena duces tecum/notice], which was served on Respondent at [location] and to give deposition in aid of judgment to Movant’s attorneys; and,

c.Movant be granted reasonable attorney’s fees of at least $[amount] incurred in obtaining such order.

d.Movant be granted reasonable expenses incurred in obtaining the order; and

e.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]