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Include the following notice if a minor is named in the caption or if the order 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.]
Order on Motion [to Compel Discovery/for Sanctions/to Compel Discovery and for Sanctions]
On [date] the Court considered the Motion [to Compel Discovery/for Sanctions/to Compel Discovery and for Sanctions] of [name of movant].
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The following are examples of some types of relief. Choose only relief that is applicable. See Tex. R. Civ. P. 215 regarding appropriate orders. |
1.[Name] is ordered to serve the following to [name] pursuant to rule 21a of the Texas Rules of Civil Procedure:
a.Initial disclosures by [date].
b.Answers responsive to [Interrogatory/Interrogatories] number[s] [number[s]] by [date].
c.An inventory and appraisement by [date].
d.Expert disclosures and reports by [date].
e.Pretrial disclosures by [date].
2.[Name] is ORDERED to produce document[s] responsive to Request[s] for Production number[s] [number[s]] in the offices of [name of attorney for movant] by [date].
3.[Name] is ORDERED to appear for deposition at [location] on [date] at [time] and to produce all items designated in the notice for deposition.
4.[Name] is ORDERED prohibited from further discovery [of any kind/designate particular type of discovery] while this case is pending.
5.[Name] is ORDERED to pay [expenses of discovery/court costs/expenses of discovery and court costs] of [number] dollars ($[amount]) to [name] by [date] at [location].
6.[Name] is ORDERED to pay attorney’s fees of [number] dollars ($[amount]) to [name of attorney for movant] by [date] at [location].
7.A continuance is GRANTED, and the case is postponed until [date]. [Include if applicable: The discovery control plan is modified as follows: [specify].]
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The trial court must consider the availability of lesser sanctions and state a reasoned explanation as to the appropriateness of the greater sanction before imposing the death-penalty sanction. An order merely listing instances where the party failed to comply with discovery orders, with no indication why the death-penalty sanctions were warranted, will not be upheld. See section 5.112 in the practice notes. |
8.The pleadings of [name] are stricken, and judgment is GRANTED in favor of [name of movant], together with a judgment for attorney’s fees of [number] dollars ($[amount]), for which let execution issue.
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Continue with the following. |
SIGNED on ___________________________________.
JUDGE PRESIDING