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Doesn't a plaintiff or defendant need a court order for a nation of discovery to be required?

Houston, TX |

I have received a motion for discovery and interrogatories from an attorney. They are citing Texas Rule of Civil Procedure 198.2 (c). In the letter, they are stating that I need to respond within 30 days, but from my understanding, they would have to have a hearing, and the judge would need to grant them the authority for the discovery/interrogatories. Do I need to fill it out, or what for a court date?

Sorry, heading should read, Doesn't a plaintiff or defendant need a court order for a motion of discovery to be required?

Attorney Answers 3


A party can serve discovery; no court order or hearing is required. If they are citing 198.2(c), that rule concerns requests for admissions and tells you that if you do not respond the items are deemed admitted. So, make sure you answer those requests for admission. See TRCP 198.2(b) for how to respond. As for timing, your responses are due in 30 days from when it is served, but if they mailed or faxed it to you, add three days to the deadline. If you do not answer timely you waive any objections to their requests, unless you can show good cause for answering late.

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I agree with Ms. Altsuler.

Apparently, you are representing yourself. If so, your questions are probably among the first of literally hundreds that will arise for you as your lawsuit progresses. You cannot learn how to either prosecute or defend a lawsuit on this or any other website. Lawyers study and work for years to learn these things. You should hire a lawyer. if you don't, regardless of the merits of the case, you will almost certainly lose. This may not be pleasant to hear, but it is nevertheless true.

Good luck.

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No court order is needed. I would suggest that you contact an attorney to help you respond to this discovery request. You can lose a case based on your responses (or lack of responses) to Requests for Admission or Interrogatories.

Also, if you see the word "Motion" (as in "Motion to Compel Discovery" or similar language) on the caption of the document you received, the situation might be a more serious than you think. Please contact an attorney.

I hope this information answers your question. If you need more information, simply add a comment or call me. Good luck!

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