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A motion to compel discovery from a party should be made in the court in which the action is pending or in any district court in the district in which the deposition is being taken. Tex. R. Civ.
Failure to Make Disclosures or to Cooperate in Discovery; Sanctions (effective December 1, 2013) (a) Motion for an Order Compelling Disclosure or Discovery. (1) In General. On notice to other parties and all affected persons, a party may move for an order compelling disclosure or discovery.
Elements to keep in mind while filing the Motion to Compel is to mention the nature of the case, identify the question that needs to be answered or the object or document that is needed and explain how it relates to the case, attach the other partys written refusal to make available the information or object, make it
Section (1) of Rule 37 (a) explains that a party can move for an order compelling disclosure of discovery. However, the motion must include a certification that the petitioner either conferred or attempted to confer with the person or party failing to make disclosure or discovery prior to asking for court action.
Consider Filing a Motion to Compel if: A party fails to answer an interrogatory. A partys response to a discovery request is incomplete or evasive. A person fails to answer a question during a deposition. A non-party objects to a request for documents under a subpoena.
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Rule 37-Failure to Make or Cooperate in Discovery: Sanctions. (a) Motion for Order Compelling Disclosure or Discovery. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling disclosure or discovery as follows: (1) Appropriate Court.
The answering or objecting party may file a response to the motion to compel. The response must contain adequate justification for that partys objections, or argument showing why the partys answers to the discovery requests at issue were sufficient.
The Court may reject your Motion to Compel as untimely if you file it after your discovery deadline or long after you became aware of the insufficient response to your discovery request.

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