Buffalo, NY asked in Probate for Texas

Q: Discovery resps are deficient a year later, OC is proposing mediation order signed by judge; what grounds can I object?

I'm contesting my dad's will. I requested Discovery nearly a year ago. Opposing counsel has failed to adequately respond. Repeatedly. A hearing on my Motion to Compel discovery responses was held in October 2018. The court ordered OC to respond and produce documents in our original requests. OC's supp responses was partial, resulting in a Motion for Contempt filing on 2-26-19 and hearing on the MfC on 3-1-19. OC has failed to produce all docs ordered by the Court but has until tomorrow. The problem is that OC has filed an Order for Mediation to occur before the trial date, set to occur on March 25, 2019, yet we have not received all discovery. OC's responses are not only deficient, but some are also completely absent. This info is vital for depos. On what grounds can I oppose this order they are proposing? I don't want OC to not fully comply with delivery of discovery by having the judge sign an order that could effectively close discovery. My right to due process is being violated.

Related Topics:
1 Lawyer Answer
Terry Lynn Garrett
PREMIUM
Terry Lynn Garrett
Answered
  • Probate Lawyer
  • Austin, TX
  • Licensed in Texas

A: IF mediation would indeed effectively close discovery (which it may not), the answer is in your question.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.