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Texas Rules of Civil Procedure-Discovery


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Got a few questions regarding Discovery procedure in Texas. Have read until my eyes burn but still unsure.

 

I am the Plaintiff in a Texas DTPA action, the defendant is not a JDB but the matter does involve credit and credit reporting.. I have just served the D. Included with my original petition was my Request for Admissions. Attached as a separate document as allowed by RCP's. Just served on D 4 days ago. I have my First Request for Production ready to be sent. A few questions:

 

1. I don't think I need to file a Certificate of Service with Admissions as that should be covered by citation delivery. Do I need to file Certificate for it anyway? 

 

2. My First Request for Production: As I read the Rules, I do not have to File a copy with the court (Tarrant County Court at Law), but should file a Certificate of Service after sending to D's attorney. I do not yet know who that is as no reply and original service made to their Registered Agent. Can I send Request to Registered Agent since attorney has not made an appearance or answer yet? Am I right about not needing to file Request with clerk either Admissions or or Production?

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1. I would agree that the request for admissions would be covered if they were included with the original petition that was officially and properly served.  I have never heard of a certificate of service filed in that situation.

 

2.  Assuming it is a corporation that you are suing then yes, you can send it to the registered agent but if it is a specific person in the corporation I would wait until I heard back from them.  You can try searching here- https://mycpa.cpa.state.tx.us/coa/Index.html under "Entity name" and then "Officers and directors information"

 

The registered agent is authorized by the corporation and is registered with the secretary of state's office to receive anything addressed to the corporation.  If it is a small corporation then there is a good chance that the registered agent is one of the officers of the corporation or their spouse.  Anything sent to them should be via certified mail and if the court's rules say to also file a certificate of service with the court also then by all means do so. 

 

3. You don't file any discovery with the court, that goes straight to the defendant (or to his attorney if you are informed that he has hired one.)

 

You should also file a complaint with the Texas Attorney General's office and try to find out if there may be a class-action suit that you could join in.  https://www.oag.state.tx.us/consumer/complain.shtml

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