The party filing this motion must prove that they have requested discoverable and relevant information that was withheld. This is done by requiring that the offending party must produce whatever information they have withheld. What is a Motion to Compel?Ī motion to compel operates as a formal request for the court to require the non-producing party to comply with the discovery requests. If this is unsuccessful because one party contends certain information is not discoverable, the complaining party may then file a motion to compel discovery with the court. The purpose is to save the parties time and money and increase the judicial economy by encouraging a resolution of disputes without the need for court intervention. The first is to “meet and confer.” This method is an informal attempt to resolve discovery disputes before the parties involve the court. When one of the parties does not cooperate with discovery requests or fails to answer the requests thoroughly, the opposing party has a few avenues for redress. Namely, an insurer has a duty to defend claims against one of their insured and the existence of a liability insurance policy may be the difference between the injured party being able to recover damages or not. The existence of an insurance policy can be key information in determining the defendant’s ability to pay a judgment or settlement based on the merits of the case. The obvious question then becomes: what happens if the opposing party withholds discoverable information-such as an insurance policy? Withholding Information on Documents from Discovery Requests This helps prepare a game plan for the attorneys to present their version of what actually happened to their clients. Each of these methods seeks to develop the factual circumstances surrounding the lawsuit to ensure that the parties attorneys are informed. Additionally, the Texas Rules of Civil Procedure allow parties to solicit admissions, interrogatories, and other information through depositions. The information sought can be in the form of documents or other tangible items such as video or audio recordings, bank statements, tax documents, letters, emails, etc. As soon as the defendant answers, both parties begin to exchange written discovery requests to solicit specific information from the opposing party that is relevant to the litigation. A lawsuit begins once a plaintiff initiates a civil action against one or more defendants.
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