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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?

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.

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Attorney answers 3


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 should always consult a local, experienced attorney for advice and help.


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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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