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What should a motion for pretrial discovery contain for Texas Justice Court?

Business 5 views 5 answers
I'm referring to rule TRCP 500.9(a). Should the motion merely contain a request (and logic for the request) or must it contain the actual information requested (interrogatories and admissions in my case)? . I ask this because the motion must be served on the other party, but the rules specifically state that the discovery request must not be served on the responding party unless approved by the judge.

Attorney Answers

5
Pete Rowe ·
If the document you received does not demand that you respond by answering the interrogatories or request for admissions, then the document is just the motion. I know, you really want the J.P. to sanction the other guy. But, that does not happen a lot except in abusive type situations.
0 upvotes
Robert Vondohlen ·
TRCP? You are getting pretty technical for JP Court. The rules are very relaxed.
0 upvotes
Gina Louise GilstrapFamily Law AttorneyHouston, TX ·
Discovery in this situation is limited because it is in JP court. Courts are concerned with parties running up the cost to the other party by asking for lots of discovery hoping the other side will just settle instead of working on the discovery. With that in mind I would limit the request as much as possible. Tell the judge exactly what it is you want. Attorneys often try to use discovery as a fishing exhibitions. Judges don't like it when we do it in district court and they most likely will not allow it at JP level at all. Hope this helps. Good luck and have a great weekend.
0 upvotes
Ed WaltonLawsuit / Dispute AttorneyTerrell, TX ·
The rule is not clear on this. My suggestion is that you should always include a copy of the discovery you want to serve on the other party. If you do not, the Judge has no way of knowing what discovery you are requesting. Remember that the Court will often rule on these motions without a hearing. You should carefully tailor your discovery to the facts of the case with a "less is better" attitude. Do not use a form you found somewhere with a bunch of boiler-plate discovery requests.
0 upvotes
Paul Francis ·
I file a motion seeking permission to serve "the attached discovery" on the other party, and attach the discovery as Exhibit A. I send the motion to the other side. Then when the court approves the discovery by signing the order I also send, I send a copy of the discovery and the order signed by the judge to the other side.
0 upvotes

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