What are the remedies for discovery violations?

In Texas, if a party is found to have violated their discovery obligations, there are a few remedies available. First and foremost, the court can order the offending party to comply with the discovery request. This may include producing documents, answering interrogatories, and attending depositions. Additionally, the court can impose sanctions on the offending party. This can include the striking of pleadings, an award of attorney’s fees, or the dismissal of the case. In addition, the court can also grant a judgment by default against the offending party. This means that the case may be decided without going to trial. The court can also grant an adverse jury instruction. This means that the jury may be instructed to disregard any evidence provided by the offending party or to assume certain facts in favor of the other party. Ultimately, if a party is found to have violated their discovery obligations, the court has the discretion to determine the appropriate remedy for the situation. It is important to note that in some cases the discovery violation may be so egregious that the court may require the offending party to pay the other party’s attorney fees even if they won their case.

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