The purpose of discovery is to seek the truth so that disputes may be decided by what the facts reveal. (Axelson, Inc. v. McIlhany, 798 S.W.2d 550, 555 (Tex. 1990).).
Discovery may be obtained about any information relevant to the subject matter of the case, so long as the information appears to lead to the discovery of admissible evidence. (Tex. R. Civ. P. 192.3(a).).
As per Tex. R. Civ. P. 197.1, a party may serve on another party (no later than 30 days before the end of the discovery period) written interrogatories to inquire about any matter within the scope of discovery except matters covered by Tex. R. Civ. P. 195. An interrogatory may inquire whether a party makes a specific legal or factual contention and may ask the responding party to state the legal theories and to describe in general the factual bases for the party's claims or defenses. But interrogatories may not be used to require the responding party to marshal all of its available proof or the proof the party intends to offer at trial.
A trial court may compel a party to respond adequately to interrogatories, requests for production, and requests for disclosure. (Tex. R. Civ. P. 215.1.).
As required by Tex. R. Civ. P. 193.1, the court must compel parties to comply with discovery requests and must sanction parties appropriately. Frivolous objections are to be treated as a failure to object. Full and proper answers are required by law.
How to Structure the Motion
Special interrogatories are those which are written specifically for the case at-hand — they stand in contrast to “form” interrogatories, which are pre-written, pre-structured interrogatories occasionally used by requesting parties. Special interrogatories should be written in such a way as to secure the most information without being overbroad. (Tex. R. Civ. P. 192.6(b).).
Still, a reasonably tailored discovery request is not over broad merely because it may include some information of doubtful relevance, and parties must have some latitude in fashioning proper discovery requests. (In re Am. Optical Corp., 988 S.W.2d 711, 713 (Tex. 1998).).
Pursuant to Tex. R. Civ. P. 196.2, with respect to each item or category of items requested, the responding party must state objections and assert privileges as appropriate. The written response must also be served on the requesting party within 30 days after service of the request.
The Court’s Decision
A party who produces material or information without intending to waive a claim of privilege does not waive that claim if (within ten days or a shorter time ordered by the court, after the producing party actually discovers that such production was made) the producing party amends the response, identifying the material or information produced and stating the privilege asserted. If the producing party thus amends the response to assert a privilege, the requesting party must promptly return the specified material or information and any copies pending any ruling by the court denying the privilege. (Tex. R. Civ. P. 193.3(d).).
If the court finds a party is abusing the discovery process in seeking, making or resisting discovery or if the court finds that any interrogatory or request for inspection or production is unreasonably frivolous, oppressive, or harassing, or that a response or answer is unreasonably frivolous or made for purposes of delay, then the court in which the action is pending may, after notice and hearing, impose an appropriate sanction. (Tex. R. Civ. P. 215.3.).