Motion for Terminating Sanctions in Texas

What Is a Motion for Terminating Sanctions?

Background

Sanctions which terminate or inhibit the presentation of the merits of a party's claims for decision are authorized by Tex. R. Civ. P. 215. These include exclusion of essential evidence, striking pleadings, dismissal and default. (Tex. R. Civ. P. Rule 215, paragraph 2b(3), (4), (5).) The effect of such sanctions is to adjudicate claims or defenses, not on their merits, but on the manner in which a party or his attorney has conducted discovery. (Braden v. Downey (1991) 811 S.W.2d 922, 929.) These sanctions are commonly referred to as “Death-penalty Sanctions.” (In re Dynamic Health, Inc. (2000) 32 S.W.3d 876, 886.) “[A] sanction order is a death-penalty sanction only if it precludes a party from adjudicating the merits of his or her claims because of the party's discovery abuses.” (State v. Bristol Hotel Asset Co. (2002) 65 S.W.3d 638, 647, citing Transamerican Natural Gas Corp. v. Powell (1991) 811 S.W.2d 913, 918.)

How to Structure the Motion

Tex. R. Civ. P. 215.2 provides the framework for motions for terminating or death penalty sanctions. Regarding the Failure to Comply with Order or with Discovery Request and Sanctions, Rule 215.2(b) states in relevant part:

(b) Sanctions by court in which action is pending. If a party or an officer, director, or managing agent of a party or a person designated under Rules 199.2(b)(1) or 200.1(b) to testify on behalf of a party fails to comply with proper discovery requests or to obey an order to provide or permit discovery, including an order made under Rules 204 or 215.1, the court in which the action is pending may, after notice and hearing, make such orders in regard to the failure as are just, and among others the following:

an order disallowing any further discovery of any kind or of a particular kind by the disobedient party;
an order charging all or any portion of the expenses of discovery or taxable court costs or both against the disobedient party or the attorney advising him;
an order that the matters regarding which the order was made or any other designated facts shall be taken to be established for the purposes of the action in accordance with the claim of the party obtaining the order;
an order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting him from introducing designated matters in evidence;
an order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or dismissing with or without prejudice the action or proceedings or any part thereof, or rendering a judgment by default against the disobedient party....

The Court’s Decision

The appellate Court “defines ‘death-penalty’ discovery sanctions as sanctions that terminate a party's right to present the merits of its claims. (State v. Bristol Hotel Asset Co. (2002) 65 S.W.3d 638, 647 citing Chrysler Corp. v. Blackmon (1992) 841 S.W.2d 844, 845.) “Such sanctions include striking a party's pleadings, dismissing its action, or rendering a default judgment against a party for abusing the discovery process.” (See, e.g., Transamerican Natural Gas Corp. v. Powell (1991) 811 S.W.2d 913, 917-18.) “A death-penalty sanction adjudicates a party's claims without regard to their merits and is based on the party's conduct during discovery.” (Id., citing Transamerican, 811 S.W.2d at 918.)

In serious cases, the court may award “death penalty” sanctions, which include striking pleadings and entering default judgment. (Id.) “If one party to a lawsuit flagrantly disregards the rules of discovery, prohibiting a determination of the controversy by what the facts reveal and not by what is concealed, the flagrantly offending party must eventually forfeit his right to a possible determination in his favor.” (In re Dynamic Health, Inc. (2000) 32 S.W.3d 876, 886.) In such a case, the court “need not test the effectiveness of each available lesser sanction by actually imposing the lesser sanction on the party before issuing the death penalty.” (Shops at Legacy (Inland) Ltd. Pp. v. Fine Autographs & Memorabilia Retails Stores, Inc. (2013) 418 S.W.3d 229, 233, citing Cire v. Cummings (2004) 134 S.W.3d 835, 840.) Rather, the trial court need only “analyze the available sanctions and offer a reasoned explanation as to the appropriateness of the sanction imposed.” (Id.) A party’s concealment of critical information in discovery and failure to comply with court orders to produce such information justifies the entry of judgment for the opposing party. (Finley Oilwell Serv., Inc. v. Retamco Operating, Inc., (2007) 248 S.W.3d 314, 320.)

Mandamus and Death-Penalty Sanctions

“If the court's imposition of monetary sanctions threatens a party's continuation of the litigation, appeal affords an adequate remedy only if the court defers payment of the sanction until the court renders final judgment.” (Susman Godfrey L.L.P. v. Marshall (1992) 832 S.W.2d 105, 108, citing Braden, 811 S.W.2d at 929.) “Such an order affords the sanctioned party an opportunity to supersede the judgment and perfect his appeal.” (Id., citing Braden, 811 S.W.2d at 929.)

“However, a litigant must contend to the district court that a monetary sanction will preclude his or her access to the court.” (See Braden, 811 S.W.2d at 929.) “If a party makes such a contention to the district court, the district judge must either:

provide that the sanction is payable only at a date that coincides with or follows entry of a final order terminating the litigation; or
make express written findings after a prompt hearing about why the sanction does not have a preclusive effect.”

(Braden, 811 S.W.2d at 929.)

Documents for Motion for Terminating Sanctions in Texas

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Peter Grigg vs. Tiffany Grigg Waggonner document preview

Civil Cover Sheet - Civil Case Information Sheet

1 page

3844 Riv04721) “* CIVIL COVER SHEET ASTM — Qy-OY- Ole 608 ‘The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by lo…