How do I respond to Discovery not answered and their Discovery issued after the end of the Discovery period? (Texas)
The Texas Rules of Civil Procedure states that discovery is due 30 days before the date set for trial. From what I understand, people are given 30 days to complete the discovery.
So, discovery should be issued 60 days from the date of the trial.
I issued my discovery 60 days before the trial date. The discovery period ended and I have received no response from the other side. I plan to file a motion to compel, but does that just extend the discovery deadline?
Also, 31 days before the trial, the respondent has filed a counterpetition along with discovery. What does that do to my deadline? How should I respond to that discovery? Is that considered a separate matter with its own timeline?
2 attorney answers
You need to file a Motion to Quash Discovery and set it for a hearing. If the judge follows the scheduling you describe they should prevent or limit the discovery from the other side.
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1. You should hire an attorney!
2. Get your motion to compel/exclude filed and set ASAP.
3. File a motion for protective order/motion to quash regarding their discovery requests ASAP.
Accepting cases in Dallas, Denton, Collin and Tarrant Counties. THIS IS GENERAL ADVICE AND DOES NOT REPLACE A PERSONAL CONSULTATION WITH AN ATTORNEY AND DOES NOT ESTABLISH AN ATTORNEY/CLIENT RELATIONSHIP