Certain limitations on discovery are in place to avoid the misuse of discovery which can overburden the involved parties, wasting time and financial resources in the process. Whether due to overzealous counsel, confusion about the many complex rules of discovery, or some combination of both, a party may feel a need to object to the requests or responses. In this series, we’ll examine some of the common blunders which lead to legitimate objections during the discovery process.
Author: Philip Silberman
Objection Due to Permissibility of a Discovery Tool
One common error which leads to objections results from requesting information inappropriately. Texas Rules for Civil Procedure specify exactly what information is permissible to request and exactly which formats that requested information should take. A responding party can object to any request that does not follow those procedures exactly as specified.
Depositions During Discovery in Texas
The discovery process includes taking depositions, both oral and written. The guidelines for oral depositions during discovery are outlined in Rule 199 of the Texas Rules of Civil Procedure, and those for written depositions are outlined by Rule 200.
Subpoenas During Discovery in Texas
The discovery process includes the ability to subpoena, an action which forces a non-party to comply with discovery requests, to appear in person, and/or to produce requested documents. The process for issuing and responding to a subpoena is outlined in Rule 205 of the Texas Rules of Civil Procedure.
Admissions During Discovery in Texas
The discovery process includes the ability to request admissions from another party. Submitted in writing, this part of discovery allows the responding party to admit or deny the truth and accuracy of any facts or opinions relevant to the case. Rule 198 of the Texas Rules of Civil Procedure outlines the parameters of a Request for Admission as well as any responses to the request, including objections.
Interrogatories During The Discovery Process in Texas
In civil litigation, discovery refers to the process where parties in a lawsuit exchange relevant facts and information about a case. In order to facilitate that exchange, the discovery process includes interrogatories, questions relevant to the case which must be answered by the opposing party. Governed by Rule 197 of the Texas Rules of Civil Procedure, interrogatories are a helpful tool for discovery.
Request for Motion for Entry Upon Property in Texas
As part of the discovery process, a litigant may need to gain entry onto the responding party’s property to gather relevant information. Rule 196.7 of the Texas Rules of Civil Procedure offers guidelines and procedures on how best to do that. No fewer than 30 days before the end of the discovery period, a litigant may gain access to land.
Request for Production and Inspection in Texas
During discovery a litigant may request access to relevant materials, such as documents, files, emails, and photographs. To have the opportunity to examine requested materials in person, the litigant must make a Request for Production and Inspection to the Parties, as outlined in Rule 196.
An Overview of Summary Judgments in Texas
A case can be disposed of prior to trial when there is no evidence for the claims alleged or when there is no issue of material fact, and the movant is entitled to judgement as a matter of law. When a case is disposed for either of those reasons, it is called a summary judgment. […]
Understanding TCPA and Its Purpose
Enacted in 2011, the Texas Citizens Participation Act is described in Chapter 27 of the Texas Civil Practice and Remedies Code (H.B. 2973, 82nd R.S.). Designed to protect freedom of speech and other important First Amendment rights, the act has had a substantial impact on legal proceedings in Texas courts. The TCPA was created “to […]