iviguy Posted July 6, 2005 Report Share Posted July 6, 2005 I am trying to understand Discovery. Discovery seems to encompass the following sections:- Request for Admissions- Request for Disclosures- InterrogatoriesSo given that, if it is true, then if I am able to legally object to discovery then I am objecting as a whole those subsections as well, correct?The following is from the Texas Rules of Civil Procedure section 193.2:Objecting to Written Discovery. (a) Form and time for objections. A party must make any objection to written discovery in writing - either in the response or in a separate document - within the time for response. The party must state specifically the legal or factual basis for the objection and the extent to which the party is refusing to comply with the request. ( Duty to respond when partially objecting; objection to time or place of production. A party must comply with as much of the request to which the party has made no objection unless it is unreasonable under the circumstances to do so before obtaining a ruling on the objection. If the responding party objects to the requested time or place of production, the responding party must state a reasonable time and place for complying with the request and must comply at that time and place without further request or order. © Good faith basis for objection. A party may object to written discovery only if a good faith factual and legal basis for the objection exists at the time the objection is made. (d) Amendment. An objection or response to written discovery may be amended or supplemented to state an objection or basis that, at the time the objection or response initially was made, either was inapplicable or was unknown after reasonable inquiry. (e) Waiver of objection. An objection that is not made within the time required, or that is obscured by numerous unfounded objections, is waived unless the court excuses the waiver for good cause shown. (f) No objection to preserve privilege. A party should not object to a request for written discovery on the grounds that it calls for production of material or information that is privileged but should instead comply with Rule 193.3. A party who objects to production of privileged material or information does not waive the privilege but must comply with Rule 193.3 when the error is pointed out. Also linked here: http://www.yob.com/discovery.html#VIIICThanks in advance. Link to comment Share on other sites More sharing options...
Kindrox Posted July 6, 2005 Report Share Posted July 6, 2005 There are also depositions and a request for disclosure.There are many objections to discovery requests. In TX you will usually have a specific objection to a specific request. You must answer any part you don't object to. Link to comment Share on other sites More sharing options...
iviguy Posted July 6, 2005 Author Report Share Posted July 6, 2005 There are also depositions and a request for disclosure.There are many objections to discovery requests. In TX you will usually have a specific objection to a specific request. You must answer any part you don't object to.Well I don't know if I have a legal leg to stand on but if I believe that my rights were violated because they never validated the debt as requested by me in writing and then filed suit, I should be able to object to the whole thing, right?Or should I just motion to dismiss on those grounds? I need to find out if that will stay the request for discovery as well. Link to comment Share on other sites More sharing options...
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