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  1. #1
    Join Date
    Apr 2009
    Posts
    9

    Default What to Include in a Discovery Request

    My question involves collection proceedings in the State of: Texas

    I'm looking for an example of a Discovery Request to use against LVNV in a Texas Justice Court suit. I have already filed answer and want to send them discovery requests.
    I sent answer CMRR over a week ago but have not rcvd the green card back. Does that mean they are ignoring me and possibly not prepared?

    Also, if I did not file an affirmative defense on my answer, does that preclude me from filing one at a later time?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: What to Include in a Discovery Request

    We would have no way of telling you why they haven't signed for your letter, but you should be sending your pleadings to their attorney of record by ordinary first class mail with the original copy and proof of service filed with the court. You can check the status of a certified letter online through the USPS website, to determine if delivery is complete.

    You should read the court rules for the court in which you are litigating, as well as the local rules, as well as the Civil Procedure and Remedies Code, and follow the governing rules and statutes. I don't see a rule for Texas that imposes the potentially harsh consequence seen in many other states for failure to file affirmative defenses at the outset, but you need to investigate the rules specific to your court (including local rules) to determine what that court requires. You do have to specifically plead affirmative defenses and, should you fail to do so, an answer in the form of general denial will normally be deemed to have waived any affirmative defenses.

    You can search for various discovery requests through your favorite search engine and see what comes up. Whatever you find will have to be adapted to fit the facts of your case. As discovery rules can vary significantly by court, you will need to read the court rules to determine what you are permitted to file in the court in which the litigation is pending, and whether you need court permission before conducting discovery.

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