Legal Question in Civil Litigation in Texas
Refusing Judge's Discovery Order
Plaintiff wins 90% of what they want at hearing on motion to compel. Pllaintiff must provide some information Defendant demanded as well.
Judge instructs Defendant's attorney to "write the order and send it to ME and the Plaintiff. He will have 10 days to object to the order if he wants to."
Judge orders defendants to drop silly objections and answer plaintiff's interrogatories
A week later - defendant's attorney still has not produced the order.
What does the Plaintiff do? Call the judge? Ask for another hearing? Motion to compel the order to compel? :^) What does the Plaintiff's attorneys do?
Thanks - It is Currently happening
2 Answers from Attorneys
MOTION TO SHOW CAUSE. . .
WHY DEFENDANT SHOULD NOT BE HELD IN CONTEMPT FOR NON-COMPLIANCE W/ORDER OF THE COURT?
You're in the Driver's Seat
I don't practice in Texas, so I don't know what sanctions are available under its discovery procedures. In Virginia, if a party disobeyed a motion to compel discovery, the judge would be able to impose a number of sanctions, including an award of attorneys fees, a prohibition against that party's offering the undisclosed evidence at a subsequent trial, dismissal of the disobedient party's pleading, be it offensive or defensive.
Then again, there's good, old-fashioned contempt of court for failure to obey the Court's order granting the motion to compel.
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