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Include the following notice if a minor is named in the caption or if the motion contains other unredacted sensitive data. See § 6 of the Introduction in volume 1 of this manual concerning protection of sensitive data in filed documents. |
NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Motion to Modify Discovery Control Plan
This Motion to Modify Discovery Control Plan is filed by [name of movant], [party designation], who shows in support:
1.Additional discovery is needed: [specify nature and extent of additional discovery].
2.The additional discovery pertains to new, amended, or supplemental pleadings or to new information disclosed in discovery response or in an amended or supplemental response. The pleadings or responses were made after the deadline for completion of discovery or so nearly before the deadline that [name of movant] does not have an adequate opportunity to conduct discovery related to the new matters. [Name of movant] would be unfairly prejudiced without the additional discovery.
3.The matters for which additional discovery is requested have changed materially since the discovery cutoff date, and the trial date has been set more than three months after the discovery period ends.
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Include other discovery matters as applicable. |
[Name of movant] requests that the Court modify the discovery control plan governing the case.
[Name]
Attorney for [name of movant]
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Fax]
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]
Notice of Hearing
The above motion is set for hearing on __________________ at ____________ __.m. in [designation and location of court].
SIGNED on ________________________________.
Judge or Clerk
Certificate of Service
I certify that a true copy of this [document/[title of document]] was served in accordance with rule 21a of the Texas Rules of Civil Procedure on the following on [date]:
[Name of attorney of record or party to be served] by [electronic filing manager/e-mail at [e-mail address]/fax at [fax number]/personal delivery at [address]/commercial delivery service at [address]/certified mail at [address]/first-class mail at [address]]. [Repeat for each attorney of record or party to be served.]
[Name]
Attorney for [name of movant]