![]() ![]() In general, when the question asks for information that is not clearly connected with the primary interrogatory, that subpart to the question could be considered a separate interrogatory. A proper objection might include the following language: OBJECTION: This exceeds the amount of allowable pursuant to the TEXAS RULES OF CIVIL PROCEDURE. ![]() However, because there is no formal definition of what exactly constitutes a “discrete subpart,” accurately determining whether a subpart of a question counts as a separate interrogatory is a challenge. Thus, one question with two subparts could actually count as three interrogatories in both Level 1 and Level 2 cases. The number of interrogatories is further limited by the fact that, according to Texas Rules of Civil Procedure 190.3 (B)(3), the “discrete subpart” of an interrogatory is actually counted as a separate interrogatory. Understanding the level of the case is vital in order to avoid exceeding the number of interrogatories, requests for production, or admissions allowed by a litigant. In contrast, a Level 2 case permits more interrogatories (as many as 25) and places no limit on the number of requests for production or admissions allowed. Level 1 discovery control plan, for example, is limited to no more than 15 interrogatories, admissions, and requests for production. According to the revised Rule 190.2, litigants can make only a limited number of requests for interrogatories, production, and admission, depending on the level of discovery in the case. Request Seeks Admission of a Legal PropositionĪ common error which can lead to an objection during the discovery process is making too many requests for interrogatories. Information Unknown or Not in Possession of Responding Party Personal, Constitutional or Property Rights Request Creates Unnecessary Burden, Expense, or Made for Purposes of Harassment Information Equally Available to the Other Party Information Obtainable from Another Source Vagueness, Lacks Specificity, or Ambiguity of Request Lacks Specific Description within Request The focus of this series is the various issues which cause objections during the discovery process, outlined below: ![]()
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