Have any of you received discovery on a protctive order? I just received some. I could just ignore it because the answer date is before the final hearing. But I feel I should move for sanctions in this matter because of the obvious frivilous nature of these interrogatories.

Tough to take though it may be, your best course probably is to ignore this amateurish attempt to rattle you. Very few judges are inclined to grant sanctions for what, on its face, appears to be an act of colorably legitimate advocacy (regardless of whether it's efficacious). If the judge were to stay the hearing to conduct discovery, you could mandamus him and, perhaps, get some commentary on the whole scheme from the Court of Appeals. Alternatively, perhaps you could notice the respondent for a deposition. They generally don't expect that type of assertiveness from us "dumb ol' gubment lawyers." Ultimately, as you note, there simply is no time to conduct discovery in a protective order proceeding. Either the opposing lawyer isn't seasoned enough to know this (note the diplomacy), or he/she is jerking your chain. Either way, reacting retributively is likely to make the other side think they've effectively hit a nerve.

Thank you. That is what I was thinking of doing. It's nice to have some support though. I like your depo idea if he does stay the proceedings, which I really doubt this judge will do.

S

Saw this thread and it made me want to ask whether anyone was dealing much with appeals of protective orders. We've had one or two in Dallas, but I didn't know whether others were seeing more.

Martinez v. Martinez 52 SW3d 429

It seems to answer your question in that
a final PO hearing cannot be delayed
to conduct discovery.

I do know some judges who believe that
as long as the temp. ex parte PO keeps
getting renewed and extended, and therefore
the applicant is continuously protected,
that some limited discovery should be
permissable. However, this seems contrary
to Martinez.