Discovery Disputes

• Author: Scott Brister (Ret.)/Dan S. Boyd
• Pages: 1115-1126

32-1

Chapter 32

DISCOVERY DISPUTES

QUICK VIEW

Scope: Special types of motions generally used in discovery disputes: motions to compel discovery, motions for

sanctions, and motions for protection from disclosure.

Strategies and tactics:

• Prepare motions and supporting materials carefully so that a busy judge quickly understands why relief

should be granted or denied.

• Observe the formalities of motion practice to avoid delay and extraneous arguments about procedure. When

making a motion, consider whether the subject of the motion is crucial to your case. If not, see if you can

work out the dispute with your adversary without making a motion.

• Motion practice varies considerably among counties; you must know your local rules when engaging in

motion practice.

Statutes and rules: Motion practice is governed by TRCP 21 and by rules governing specific motions. Local

court rules may amplify these rules. Disclosure motions are governed by TRCP 191 - 205; 215.

Related topics: Motion Practice, Ch 16; Discovery in General, Ch 24; Privileges, Ch 25; Requests for

Disclosure, Ch 26; Inspection of Documents, Ch 27; Depositions, Ch 28; Physical and Mental Exams, Ch 29;

Interrogatories, Ch 30; Requests for Admission, Ch 31.

TABLE OF CONTENTS

I. General Requirements and Procedure

A. Before a Motion

§32:01 Negotiate With Opposing Counsel

§32:02 Announce and Confirm Positions in Writing

§32:03 Discovery Conferences — Certificate Requirement

§32:04 Strategic Considerations: Should This Motion Be Filed?

B. Making a Motion

§32:10 Non-Objecting Party Must Ask for Hearing

§32:11 Objecting Party Has Burden of Proof

§32:12 The Motion

§32:13 Service and Filing

§32:14 Response to Motion

§32:15 Evidence

(Rev. 10, 4/13)