My wife's lawyer hasn't responded to our Discovery request. Why hasn't he responded? Is this legal? Could it just be a tactic?

Asked over 1 year ago - Houston, TX

I have custody of the children and she is fighting me for them. Trial is in three weeks and we requested discovery 2 months ago.

Attorney answers (3)

  1. Todd W. White

    Pro

    Contributor Level 10

    2

    Lawyers agree

    Answered . There is a duty to respond to discovery but, unless you file a motion to compel, the court doesn't know that no response has been sent. You should discuss this with your attorney. Your attorney may plan to use the lack of a response to exclude evidence that the other side might want to offer at trial. A brief meeting or phone call with your attorney should be your next step now, and any time you have a question about your case. Best of luck to you!

    This answer is for informational purposes only and does not establish the attorney-client relationship. You... more
  2. Michael Glynn Busby Jr.

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . Hire a new attorney

  3. Dawn Anne Renken

    Contributor Level 11

    Answered . Depending on what court you are in, this could be a major oversight on your attorneys part. Most Harris county courts won't exclude evidence until you've filed at least one motion to compel.

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