Legal Question in Civil Litigation in Texas

Motion to compel discovery and for sanctions

I was served with a motion to compel discovery and for sanctions in a civil suit. I sent a written reply to the court (and the attorney) that I have nothing and can provide nothing because I don't have it. What's next?

Asked on 5/22/07, 10:18 am

1 Answer from Attorneys

Joseph A. McDermott, III Attorney at Law
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Re: Motion to compel discovery and for sanctions

The Court probably grants the motion to compel, and then if you don't comply, you get sanctioned. Unlikely a non-lawyer could craft a response to discovery requests that correctly sets out your lack of responsive materials. Was it just a request for production, the correct response to which CONCEIVABLY might be "I have none," or were there interrogatories and requests for admissions, or a request for disclosures? Each of these requires you respond -- failure to answer requests for admissions, particularly, might doom your case. Failure to make disclosures can prevent you from presenting ANY evidence at trial.

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Answered on 5/22/07, 11:06 am

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