What is a discovery violation?

A discovery violation is when a party in a lawsuit fails to comply with the procedures for exchanging information with the other side. In Texas, the rules of civil procedure require both sides to disclose to each other any documents, electronic data, and other evidence that they have regarding the case. This exchange of information is known as “discovery.” If either party fails to provide the requested discovery information in a timely manner, the other side can file a motion with the court. This motion usually requests that the court order the other side to comply with the discovery rules. If the court agrees that a discovery violation has occurred, then the court may impose a fine or other sanctions against the violator. In some cases, the court may even dismiss a case if the discovery violation is severe enough. In addition to being a violation of the rules of civil procedure, a discovery violation can also have a major impact on the outcome of a case. If a party fails to provide requested discovery information, the other party may be denied the ability to properly prepare their case, which could lead to an unfair result. For this reason, it is important that parties in a lawsuit follow all of the rules of discovery so as to ensure a fair and just outcome.

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