Signature Required For Discovery In Texas Family Law Cases

The Texas Rules of Civil Procedure 191.3(a) says that if a party is represented by an attorney in a Texas Family Law case, then every request for discovery, every disclosure, every objection, response and notice must include the attorney’s signature. It must also include his or her Texas State Bar number, his or her address, phone number and fax number.
If the party is pro se, it must include the party’s signaure, address, and telephone number and fax number (if any).

The Effect of the Signature

The signature on a disclosure certifies that, to the best of the signer’s knowledge, information, and belief, which was formed after a reasonable inquiry, the disclosure is complete and correct as of the time it is made. (TRCP 191.3(b)). The signature on discovery request, notice response or objection certifies that, to the best of the signer’s knowledge, information and belief, which was formed after a reasonable inquiry, (1) the item is consistent with the rules and warranted by existing law or good-faith argument for the extension, modifiction , or reversal of existing law; (2) has a good faith factual basis; (3) is not interposed for an improper purpose; and (4) is not unreasonable or unduly burdensome or expensive. (TRCP 191.3(c)).

Effect of Failure to Sign

If a request, notice, response, or objection is not signed, it must be stricken unless it is signed promptly after the omission is called to the attention of the party. A party is not required to take any action with respect to a request or notice that is not signed. (TRCP 191.3(d)).

Sanctions

If the certification is false, without substantial justification, the court may, upon motion or its own initiative, impose on the person who made the certification, or the party on whose behalf the request, notice, response, or objection was made, or both, an appropriate sanction as for a frivolous pleading or motion.