The Plaintiffs attorney objected to the time and place of production due to undo burden. They said they will produce documents subject to objections but at a time and place mutually agreeable to the parties, but didnt give a place or time that was agreeable to them. They also objected to some requests because the documents requested they said were already in my possession, (i.e. commission statements, tax forms, payroll when asked for that specifically, and to a request for documents that were specifically described and referred to by Plaintiff in an exhibit that was attached to the Original Petition. I was specific when I asked for the documents as described in the exhibit from the Petition, as well the dates. The objection stated it was overbroad and burdensom and that the customers at issue are identified in the request for production. No customers are identified in the request either, and this was an objection used three times.
In the responses they say that the documents requested, subject to objections, are attached to the response. But they have not attached anything. Can I file a motion to compel or do I have to have a conference with opposing council.
Plaintiff's objections are frivolous. But Rule 191 of the Texas Rules of Civil Procedure require a certificate of conference before filing a motion to compel. If you are representing yourself, you are required to know the rule of civil procedure (and evidence) so review them. You might consult with a young lawyer as it seems you might be heading for a discovery fight.
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Write a nice letter to counsel documenting the frivolous nature and invalid nature of the objections and give enough time for an amended response. In your correspondence be sure to state that failure to amend by the date certain would cause you to file a motion to compel discovery responses and ask for attorneys fees. If you eventually file that Motion to Compel, attach your correspondence in addition to your Certificate of Conference and the Judge would appreciate the good faith effort. Good luck
What you are encountering is improper, but unfortunately not unusual. Generally, the fist step would be to provide send a letter to the other side detailing the shortcomings of their responses and giving them a deadline to correct them, after which you will seek a motion to compel. If this is unsuccessful, You should file a motion to compel. Texas court rules require you to conference with the other side on the grounds for your motion before filing it. You must attach a certificate of conference to your motion showing you have made this conference. You should contact a local attorney to clarify the procedural specifics on filing a motion to compel.
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