Legal Question in Family Law in Texas
I'm in the middle of a custody litigation. Do I have to respond to mediation, and discovery when none of these seems to have been filed through court? Both of our attorneys have withdrawn from our cases.
1 Answer from Attorneys
Discovery is not filed through the court. It would be sent directly to you or your lawyer. If you do respond in time then an attorney might file with the Court and ask the court to compel you to answer the discovery requests. If this happens you might have to pay for the attorneys fees for having to take you to court on a motion to compel. Other potential sanctions could include your pleadings being stricken. That would mean you could not put on a case in court.
Mediation - many courts require the parties to mediate prior to having a hearing in court. It is usually in the courts local rules. You can call the clerk of the court to ask about this. If you an the opposing party / attorney can agree upon a mediator then the court will not get involved in who you choose. If you cannot agree then a mediator will randomly be assigned this means you can get anyone from lawyer who has been a lawyer for a day to a lawyer who charges $4,000 for a mediation its random.
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