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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 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.Interrogatories
On [date] interrogatories were served on [name].
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Select one of the following. |
No objections were made to the interrogatories. To date, no answers have been served.
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Or |
Answers to the interrogatories were served on [date].
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].
2.Documents
TRCP 196
2.Documents
On [date] a request for production of documents was served on [name].
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Select one of the following. |
To date, no response has been received, nor have proper objections been made, and the documents have not been produced.
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Or |
A response was served on [date].
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].
3.Depositions
TRCP 199, 200
3.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].
4.Request for Disclosure
TRCP 194
4.Request for Disclosure
A request for disclosure under rule 194 of the Texas Rules of Civil Procedure was served on [date] [include if applicable: , along with a request for production of material allowable under rule 194.2].
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Select one of the following. |
No assertions of privilege were made to the request for disclosure. To date, no response has been served.
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Or |
A response was served on [date].
a.The response is inadequate because [state nature of problem with response].
b.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].
5.Inventory and Appraisement
On [date] [name] was ordered to provide an inventory and appraisement in this case on or before [date].
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Select one of the following. |
To date, no inventory and appraisement has been provided.
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Or |
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].
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Continue with the following. |
6.Relief Requested
6.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:
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See form 5-92 and rule 215 of the Texas Rules of Civil Procedure regarding appropriate orders. |
[Name of movant] prays that the Court grant this motion.
[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]