Discovery is a crucial stage in civil litigation that allows parties to exchange relevant information to prepare for trial. In Texas, the time limits for responding to discovery requests vary depending on the type of request.
Key Facts
- General Time Limit: In most cases, the party receiving the discovery request has 30 days to respond.
- Interrogatories: Interrogatories are written questions that one party sends to another party. The responding party must serve a written response within 30 days after receiving the interrogatories.
- Duty to Make Complete Response: When responding to written discovery, a party in Texas has a duty to make a complete response based on all information reasonably available at the time of the response.
General Time Limit
Generally, parties in Texas have 30 days to respond to discovery requests. This time limit applies to most types of discovery requests, including requests for production, requests for inspection, and requests for entry upon property.
Interrogatories
Interrogatories are written questions that one party sends to another party. The responding party must serve a written response within 30 days after receiving the interrogatories. This time limit is set forth in Rule 197.2 of the Texas Rules of Civil Procedure.
Duty to Make Complete Response
In Texas, parties have a duty to make a complete response to written discovery requests. This duty is imposed by Rule 193.1 of the Texas Rules of Civil Procedure. A complete response must be based on all information reasonably available to the responding party or its attorney at the time the response is made.
Exceptions to Time Limits
There are some exceptions to the general time limits for responding to discovery requests. For example, the parties may agree to extend the time limit for responding to a particular request. Additionally, the court may order a different time limit for responding to a discovery request in certain circumstances.
Consequences of Failing to Respond
If a party fails to respond to a discovery request within the time limit, the requesting party may file a motion to compel discovery. The court may then order the responding party to comply with the discovery request. Failure to comply with the court’s order may result in sanctions, including fines, attorney’s fees, or even dismissal of the case.
Conclusion
The time limits for responding to discovery requests in Texas are generally 30 days. However, the time limit for responding to interrogatories is specifically set forth in Rule 197.2 of the Texas Rules of Civil Procedure. Parties have a duty to make a complete response to written discovery requests. Failure to respond to a discovery request within the time limit may result in sanctions.
Sources
- Responding to Discovery Requests | Texas Law Help
- Rule 197 – Interrogatories to Parties, Tex. R. Civ. P. 197 | Casetext Search + Citator
- Rule 193.1. Responding to Written Discovery; Duty to Make Complete Response (2021)
FAQs
How long do I have to respond to discovery requests in Texas?
Generally, parties in Texas have 30 days to respond to discovery requests.
What is the time limit for responding to interrogatories in Texas?
The time limit for responding to interrogatories in Texas is 30 days after receiving the interrogatories.
What is the duty to make a complete response to discovery requests in Texas?
In Texas, parties have a duty to make a complete response to written discovery requests based on all information reasonably available to them at the time of the response.
What are the consequences of failing to respond to a discovery request in Texas?
Failure to respond to a discovery request within the time limit may result in sanctions, including fines, attorney’s fees, or even dismissal of the case.
Can the parties agree to extend the time limit for responding to a discovery request?
Yes, the parties may agree to extend the time limit for responding to a particular request.
Can the court order a different time limit for responding to a discovery request?
Yes, the court may order a different time limit for responding to a discovery request in certain circumstances.
What is the difference between a discovery request and a motion to compel discovery?
A discovery request is a request for information or documents from another party. A motion to compel discovery is a request to the court to order a party to comply with a discovery request.
What should I do if I receive a discovery request that I do not understand?
If you receive a discovery request that you do not understand, you should contact an attorney for advice.