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"Hiding the ball" in response to Discovery in Texas Probate

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What is the best course of action in response to opposing party "hiding the ball" by following responses to: Discovery compelled by the court as follows:
1. Requests for Production has multiple answers “Copies of documents and other tangible things responsive to this Request for Production are attached hereto as Exhibit A” that doesn’t actually contain any copies of related documents, and
2. Interrogatories have multiple answers that only refer the reader to “request for production, the deposition, pleadings and disclosure” that don't contain information pertinent to asked questions.

Are these valid responses and if not what rules do they violate? What are proper next steps to take? Should Motion for Contempt of Court be made and if so what are the chances of getting a favorable ruling?


Senior Member
Perhaps the failure to attach Exhibit A was unintentional. Contact the opposing party to ask about the missing documents.

Taxing Matters

Overtaxed Member
Are these valid responses and if not what rules do they violate?
That is impossible for me to answer because I've not read the request you made nor have I read the entire response by the opposing side. In general courts expect the parties to try to resolve discovery disputes between themselves before turning to the court for help on the matter, so quincy's recommendation to confer with the opposing party attorney is a good one.

As for a motion for contempt, that would be premature. Contempt of court occurs when a party violates an order issued by the court. Thus the opposing party is not in contempt unless there has been an order of the court in this case that directs the opposing party to make a particular response in discovery. Typically what you would do (after conferring with counsel and not getting results) is first move to compel discovery to make the opposing side cough up what you are looking for. If the court grants that request and the opposing party fails to obey the order, then it is time for a motion for contempt.

I suggest that you consult a local attorney for advice and assistance on this.

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