|(a) Certificate of conference. The parties and their
authorized representatives shall cooperate in discovery and shall
endeavor to make any agreements reasonably necessary for the efficient
disposition of the case. All discovery motions shall include a certificate
of conference complying with §155.305(b)(2) of this chapter.
(b) Motions for protection. A person from whom discovery
is sought may file a motion within the time permitted for a response
to request an order protecting that person from the discovery sought.
A motion for protection shall include the relevant portion of the
discovery request at issue. A person must comply with a discovery
request to the extent protection is not sought unless it is unreasonable
under the circumstances to do so before obtaining a ruling on the
(c) Motions to compel. A person alleging failure to
comply with discovery shall file a motion to compel as soon as practicable.
A motion to compel shall include the relevant portion of the discovery
response at issue. A motion to compel shall not be filed less than
10 days before the first day of the hearing on the merits, unless
good cause is shown. A judge may deny or limit relief sought in a
motion to compel if the judge determines that the discovery requests
at issue are improper or unduly burdensome.
(d) In camera inspections.
If a party's assertion of a privilege or an exemption under the TRCP
is made the subject of a motion for protection or a motion to compel,
the party resisting discovery must request an in
camera inspection (inspection by the judge) and provide the
documents for review under seal. The request shall state the factual
and legal basis that support the claimed privilege or exemption and
shall comply with the provisions of §155.103 of this chapter.
(e) Responses to discovery motion. Responses to discovery
motions shall be filed in accordance with §155.305(c).
(f) Discovery materials. Motions and responses in a
discovery dispute shall include only the relevant portions of the
discovery materials at issue.
(g) Confidentiality. Confidential information contained
in or attached to a discovery motion or response must be filed in
compliance with §155.103 of this chapter.