SECTION 29.25. Discovery Motions and Sanctions

(a) Certificate for disputes. All discovery motions concerning a discovery dispute shall contain a certificate by the movant that efforts to resolve the discovery dispute without the necessity of intervention have been attempted and failed.

(b) Compelling discovery. Upon reasonable notice to all party representatives and affected persons, a party may apply to the judge for an order compelling discovery. A party may not request sanctions without first obtaining an order compelling discovery.

(c) Sanctions. If a party fails to comply with proper discovery requests or to obey an order compelling discovery, the judge may, after opportunity for hearing, make orders in response to the failure, including:

(1) disallow any further discovery of any kind or a particular kind for the non-compliant party;

(2) rule that particular facts shall be regarded as established for purposes of the proceeding; or

(3) disallow presentation by the non-compliant party of evidence on issues that were the subject of the discovery request.

(d) Costs. Costs as a discovery sanction may not be imposed except as specifically provided under §29.24(d) of this title (relating to Discovery-General) and §29.29 of this title (relating to Proof of Attorney's Fees, Costs, and Expenses of the Department).

Source Note: The provisions of this §29.25 adopted to be effective May 10, 2000, 25 TexReg 4191