CHAPTER 14 - CHAPTER 14 Sanctioning Discovery Abuse and Compelling Discovery—Texas Rule 215

• Jurisdiction: United States

CHAPTER 14 Sanctioning Discovery Abuse and Compelling Discovery—Texas Rule 215

This Chapter addresses the procedures governing motions for sanctions and orders compelling discovery, recoverable expenses relating to such motions, and procedural and substantive issues relating to sanctions for discovery abuses in Texas proceedings.¹ It focuses primarily on Texas Rule 215 and cases construing that Rule.²

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Notes:

^[1] Other types of sanctions are addressed in other Texas rules and in statutes. See, e.g., Tex. Civ. Prac. & Rem. Code Ann. §§ 9.011-9.014 (providing for sanctions for pleadings that are groundless and brought in bad faith, groundless and brought for harassment, or groundless and interposed for any improper purpose); Tex. Civ. Prac. & Rem. Code Ann. §§ 10.001-10.006 (addressing sanctions for frivolous pleadings and motions); Tex. Civ. Prac. & Rem. Code Ann. §§ 105.001-105.004 (addressing sanctions for frivolous claims by state agencies); Tex. R. Civ. P. 13 (addressing sanctions relating to pleadings, motions, and other papers that are groundless and brought in bad faith or groundless and brought for purpose of harassment); Tex. R. Civ. P. 18a(h) (addressing sanctions for recusal motions that are "groundless and filed in bad faith or for the purpose of harassment" or "clearly brought for unnecessary delay and without sufficient cause"); Tex. R. Civ. P. 21b (addressing sanctions for failure to properly serve or deliver any pleading, plea, motion, or other application).

^[2] Texas Rule 215 was patterned after Federal Rule 37. Firestone Photographs, Inc. v. Lamaster, 567 S.W.2d 273, 277 (Tex. Civ. App.—Texarkana 1978, no writ) (Texas "Rule 215a was patterned after Rule 37 of the...