Mechanism 22
Motion to compel, argued as waiver
What is the strongest way to compel discovery responses in Texas?
Do not argue the objections one at a time. Argue that they were waived. Rule 193.2(e) provides that an objection not asserted in a timely response, or obscured by numerous unfounded objections, is waived unless the court excuses the waiver for good cause. That converts a long hearing about relevance into a short one about dates.
By John P. Henry · Tex. R. Civ. P. 193.2(e), 215.1; Axelson, Inc. v. McIlhany, 798 S.W.2d 550 (Tex. 1990) · Reviewed 2026-08-02
The authority
An objection that is not made within the time required, or that is obscured by numerous unfounded objections, is waived unless the court excuses the waiver for good cause shown.Tex. R. Civ. P. 193.2(e)
Tex. R. Civ. P. 193.2(e), 215.1; Axelson, Inc. v. McIlhany, 798 S.W.2d 550 (Tex. 1990)
When it applies
The response served late, the response consisting of forty identical boilerplate objections, the privilege claimed without a log. It applies to post-judgment discovery under Rule 621a in exactly the same way.
How it is proved up
- Build the chronology first — served, due, served late or not at all — and put it in a table. That is the whole motion.
- Quote the boilerplate back. A response objecting to every request as overbroad, unduly burdensome and not reasonably calculated is the paradigm of objections obscured by unfounded objections.
- Ask for the specific relief: objections waived, full responses by a date certain, and fees under Rule 215.1(d).
- Confer and document it. Certificates of conference are pro forma until the day they are not, and the court will look.
- Set it. A motion to compel that is filed and never heard achieves nothing at all — and if the court will not set it, that refusal is itself a fact worth preserving.
What defeats it
- Good cause, which the rule expressly preserves and which a diligent responding party can usually show for a short delay.
- Objections that were timely, specific and well founded — waiver arguments do not reach those.
- A movant whose own responses are late, which changes the tenor of the hearing entirely.
- A court that will not set the motion. It happens, and the answer is not to keep re-noticing it.
Where I have used it
Murphy v. Liberty Hill Construction, LLC and McGrath · Cause No. 25-0131-C26, 26th Judicial District Court, Williamson County. Post-judgment discovery served, nothing returned, and a motion to compel argued on waiver rather than on relevance. The order signed 27 May 2026 recites that the judgment debtors “served no responses, no objections, no privilege log, and no request for an extension,” orders sworn responses within seven days, holds all objections waived, including objections based on privilege, and awards expenses under Rule 215.1(d).
Questions
When are discovery objections waived in Texas?
When not made within the time required, or when obscured by numerous unfounded objections, unless the court excuses the waiver for good cause. Tex. R. Civ. P. 193.2(e).
Can you recover attorney's fees on a motion to compel in Texas?
Yes. Rule 215.1(d) permits the court to require the party or attorney whose conduct necessitated the motion to pay the reasonable expenses incurred in obtaining the order, including attorney's fees, unless the opposition was substantially justified.
Does the waiver rule apply to post-judgment discovery?
Yes. Rule 621a makes the pre-trial discovery rules available in aid of enforcement, and the objection and waiver provisions come with them.