Motion to Compel Discovery (State)

CERTIFICATE OF CONFERENCE

On the _____ day of ________________, 20___, a conference was held/attempted with __________________, attorney for the opposing party, regarding the merits of this Motion. Agreement could not be reached; therefore, this Motion is presented to the Court for a determination.

___________________________________

Attorney

_____________’S MOTION TO COMPEL AND FOR

SANCTIONS AGAINST

COMES NOW _______________________________________ (hereafter “Movant”) in the above-referenced matter and files this Motion to Compel Production and for sanctions against ______________________ (hereafter “Respondent”) and would show the Court as follows:

Respondent was served with Interrogatories and Requests for Production of Documents (hereafter “the discovery”). According to the Texas Rules of Civil Procedure, answers to the discovery should have been produced no later than _______________.

On _________________, 20____, Respondent was served with a Notice of Intent to Take Oral Deposition requesting documents responsive to those requests, and on ________________, 20___, Respondent was served with the Notice of Intent to Take Oral Deposition Duces Tecum of _______________, once again requesting the production of these documents.

Movant has asked, both orally and in writing, for the requested information and the production of the requested documents (see Exhibit “A”).

As of the date of the filing of this Motion, Respondent has failed to furnish full and complete answers/documents to many parts of the discovery.

Respondent has objected to some of the discovery. Respondent has not objected to most of the discovery, yet Respondent has failed to provide complete answers.

Respondent’s failure to provide full and complete answers to the discovery and to provide the requested documents is particularly frustrating and inexcusable, given these requests involve basic information necessary to prepare this dispute for mediation.

Further, the documents and information requested are essential so that the Movant can evaluate Respondent’s case. Without this information, Movant will not have any basis for understanding Respondent’s claims.

Therefore, Movant asks this Court to order the Respondent to:

1. Answer Interrogatory No. ___ fully and completely.

2. Answer Interrogatory No. ___ fully and completely.

3. Answer Interrogatory No. ___ fully and completely.

4. Answer Interrogatory No. ___ fully and completely.

5. Answer...