Form 5-91

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

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

Motion [to Compel Discovery/for Sanctions/to Compel Discovery and for Sanctions]

This motion is brought by [name of movant], [party designation], who shows in support:

1.Initial Disclosures
TRCP 194.2

1.Initial Disclosures

Initial disclosures from [name] were due on [date].

To date, no initial disclosures have been served.

Initial disclosures were served on [date]. A true copy of the disclosure submitted by opposing counsel is attached as Exhibit [exhibit number/letter] and incorporated in this motion. The disclosures are inadequate because [state nature of problem with disclosures].

2.Interrogatories
TRCP 197

2.Interrogatories

On [date] interrogatories were served on [name]. A true copy of the interrogatories is attached as Exhibit [exhibit number/letter] and incorporated in this motion.

No objections were made to the interrogatories. To date, no answers have been served.

Answers to the interrogatories were served on [date]. A true copy of the answers to interrogatories is attached as Exhibit [exhibit number/letter] and incorporated in this motion.

a.The answers are so incomplete as to constitute no answer at all.

b.Objections were made to certain interrogatories. Those objections should be overruled and [name] should be required to answer the interrogato­ries.

c.In the response, information was withheld based on the following privileges asserted: [specify]. On [date] a written request to identify the infor­mation withheld was served on [name]. [Name] has failed to serve a response to the written request [include if applicable: that describes the information withheld that enables assessment of the applicability of the privilege and asserts a specific privilege for each item or group of items withheld].

3.Documents
TRCP 196

3.Documents

On [date] a request for production of documents was served on [name]. A true copy of the request for production is attached as Exhibit [exhibit num­ber/letter] and incorporated in this motion.

To date, no response has been received, nor have proper objections been made, and the documents have not been produced.

A response was served on [date]. A true copy of the response to produc­tion is attached as Exhibit [exhibit number/letter] and incorporated in this motion.

a.The response is inadequate because [state nature of problem with response].

b.Objections were made to certain of the requests for production of documents. Those objections should be overruled and [name] should be required to produce the requested documents.

c.In the response, [information was/material was/information and material were] withheld based on the following privileges asserted: [specify]. On [date] a written request to identify the [information/material/information and material] withheld was served on [name]. [Name] has failed to serve a response to the written request [include if applicable: that describes the [information/material/information and material] withheld that enables assess­ment of the applicability of the privilege and asserts a specific privilege for each item or group of items withheld].

4.Depositions
TRCP 199, 200

4.Depositions

On [date] the deposition of [name] was noticed to be taken at the time and place designated in the notice, a copy of which is attached. The witness refused or failed to appear [include if applicable: and to produce the items des­ignated in the notice].

5.Inventory and Appraisement

5.Inventory and Appraisement

On [date] [name] was ordered to provide an inventory and appraisement in this case on or before [date].

To date, no inventory and appraisement has been provided.

The inventory and appraisement provided does not contain [the proper affidavit/values of assets/an adequate description of the property/characteriza­tion of property as separate or community]. A true copy of [Petitioner’s/Respondent’s] inventory and appraisement is attached as Exhibit [exhibit num­ber/letter] and incorporated in this motion.

6.Expert Disclosures and Reports
TRCP 195.2, 195.5

6.Expert Disclosures and Reports

Expert disclosures and reports from [name] were due on [date].

To date, no expert disclosures and reports have been served.

Expert disclosures and reports were served on [date]. A true copy of the disclosures and reports is attached as Exhibit [exhibit number/letter] and incor­porated in this motion.

a.The disclosures and reports are inadequate because [state nature of problem with disclosures and reports].

b.In the disclosures and reports, [information was/material was/infor­mation and material were] withheld based on the following privileges asserted: [specify]. On [date] a written request to identify the [information/material/information and material] withheld was served on [name]. [Name] has failed to serve a response [include if applicable: that describes the [information/material/information and material] withheld that enables assessment of the applicability of the privilege and asserts a specific privilege for each item or group of items withheld].

7.Pretrial Disclosures
TRCP 194.4

7.Pretrial Disclosures

Pretrial disclosures from [name] were due on [date].

To date, no pretrial disclosures have been served.

Pretrial disclosures were served on [date]. A true copy of the pretrial disclosures furnished by opposing counsel is attached as Exhibit [exhibit num­ber/letter] and incorporated in this motion. The disclosures are inadequate because [state nature of problem with disclosures].

8.Relief Requested

8.Relief Requested

[Name of movant] asks the Court, after notice and hearing, to make such orders with regard to the failure to comply with discovery procedures as are just and right, including the following:

[Name of movant] prays that the Court grant this motion.

   
[Name]
Attorney for [name of movant]
State Bar No.:
[Email 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]