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Do I have to respond to discovery in Justice Court?
Anonymous7 views4 answers
Suit against landlord in Justice Court. Landlord filed an answer with a Request for Disclosure. There are no orders regarding discovery. I read Rule 500.9 to mean that discovery can only be conducted once judge issues an order approving it. I also looked at local rules and saw no standing order re: discovery. Am I ok not responding to the discovery request?
Discovery deadlines are set out in the Texas Rules of Civil Procedure. 30 days following the request a response is due. Failure to respond may lead to penalties. You may want to consult with an attorney who handles landlord disputes. The Austin Bar Association may have an attorney referral line for you to consult.
I am going to respectfully disagree with my colleague.
I also read TRCP Rule 500.9 to mean discovery can only be conducted in Justice Court after the judge issues a signed order approving the request for pretrial discovery that was submitted in writing.
The language if that rule contains a lot of "must"s, indicating to me it is not optional.
Of particular interest to you might be this part: "The discovery request must not be served on the responding party unless a judge issues a signed order approving the request."
However, this rule was introduced in 2013 and it hasn't been thoroughly hashed out by the courts. I think it would be a good idea to send a letter to the landlord stating you decline to answer the discovery and cite TRCP Rule 500.9.
Also, you should really think about contacting a tenant's rights attorney because most justices of the peace will allow discovery upon a proper motion. So you might be facing discovery you must answer once you send that letter and the landlord reads the rule.
I'm totally impressed with your legal research skills! Yes, you are correct -- discovery in justice court cannot be served without prior court approval. However, I would send a letter to the attorney explaining why you are declining to respond to his discovery so that you have the appearance of being conscientious. Plus, it will be fun for you as a layperson to set an attorney straight on the rules.
You should call the court clerk to see if any order concerning discovery has been entered in your case. Although the attorney for the landlord is required to serve the order on you, you should check with the court just in case before you refuse to respond to the discovery. As Ms. Broussard advised, you should advise the attorney in writing why you are not answering.
