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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 28087
Experience:  Lawyer
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How do you have to wait response to a request?

Customer Question

How long do you have to wait for a response to a request for discovery?
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

Is this a criminal or civil case? Did you serve the requests on the other party or only file them with the court? Does the docket show any action after you filed the motion? If so, what happened?

Customer: replied 1 year ago.
criminal casess, misdemeanor Asst D.A. hand delivered on July 15 also. To my knowledge no action.
Expert:  Lucy, Esq. replied 1 year ago.

Thank you.

That's really much too long to wait, then. Check with the clerk of the court when they open. This is the type of motion the judge should just rubber stamp and approve within a couple of days. There's no reason for it to take three months. If you have a lawyer, also call him when his office opens and ask him to call the D.A. If not, call them yourself. They're supposed to respond to discovery requests "as soon as practicable after receiving a timely request from the defendant." Tex. Code Crim. P., Section 39.14. In a misdemeanor, that shouldn't take more than a couple of weeks, MAYBE a month at most. You're way beyond what would be considered a reasonable time.

Even if they weren't going to produce something, they should have responded to tell you why. If they won't give you the information, you can file a Motion to Compel and ask the judge to order them to give you the information. If you have trial coming up soon, you can also file a Motion to Continue, or even ask the judge to dismiss the case because their failure to provide timely discovery is interfering with your right to a speedy trial.

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