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Experience:  Texas lawyer for 29 years in Estate law
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I need case law and black letter law on the following : Hypothetical

Resolved Question:

I need case law and black letter law on the following :

Hypothetical Scenario :

In a lawsuit, I am deposing a defendant by Subpoena/Subpoena Duces Tecum. There are two defendants in the lawsuit. The defendant I am deposing has the documents I need against the second defendant. He has the only set of documents. He refuses to release the documents on the grounds that they are not relevant to him in the lawsuit. Even if they are not relevant to him but for sure are relevant to the seceond defendant without a doubt, what case law and black letter law woud I use in this example to show I have the right to the records to use against the second defendant.

This scenaro also referrs to the defendants objections to the documents in a Request For Production.

Thanks,

John
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.

Thanks for your question and good morning.

If the defendant here has documents in their possession ad fails to provide them then your remedy here is a motion to compel.The standards in Texas for discovery are very clear.


192.3 Scope of Discovery.
(a)Generally.
In general, a party may obtain discovery regarding any matter that is not

privileged and is relevant to the subject matter of the pending action, whether it relates to the
claim or defense of the party seeking discovery or the claim or defense of any other party.
It is not a ground for objection that the information sought will be inadmissible at trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.


In your situation your remedy here would be to make a motion to compel production of documents.You would file the motion with the court and seek to have the court order production based on the highlighted part of the rule above that pursuant to 192.3 that the information is within the scope of discoverable information and should be produced.If they file an objection the court will rule on the motion.

As you can see here discovery in Texas is very liberal.The information does not have to be relevant, it only has to lead to discoverable information.The objection that was made here would not be likely to prevail under the Texas rules above.Honestly the response you got sounds like a lot of huey here, it is not a legal objection as you present it in Texas.
The court would likely grant the motion based on the need for the information .

Here is a recent article with newest cases on the issue..

http://www.agtriallaw.com/papers/Fracking_Gems_Trends.pdf


This is another one--see first part where it covers cope of discovery.

http://www.agtriallaw.com/papers/fishing_final.pdf


Here is a sample motion to compel , you may also want to see if you can get another one for form from the local court clerk from another case in same court.


It has been my pleasure to assist you today.Please let me know if you have more follow up.Thanks again.

I hope that you will be so kind as to leave a positive rating. If you do have any additional questions about my answer please click the "Continue Conversation Link" so I can provide you with a fully satisfactory answer. Please be aware that any rating of 1 or 2 is reflected as a negative rating and I receive no credit for my answers.


 


 


 


This communication does not establish an attorney-client relationship.Information provided here is not legal advice. Rather it is simply general information.

RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 30136
Experience: Texas lawyer for 29 years in Estate law
RayAnswers and 5 other Estate Law Specialists are ready to help you
Expert:  RayAnswers replied 1 year ago.
Here are the entire Texas Rules of Procedure, subpoenas start around 170's the scope of discovery Rule 192 on..

http://www.supreme.courts.state.tx.us/rules/trcp/rcp_all.pdf

The Texas Rules goven all proceedings in Texas in all trial courts.

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