City of San Antonio v. Fulcher

In my opinion, the issue raised by this appeal is not controlled by former Rule 215(5),1 contrary to the arguments of appellant and appellee. In my opinion the provisions of Rule 215(2)(b) control because the issue is “failure to comply” instead of “failure to supplement discovery.”

Rule 167(l)(d) provides:

The party upon whom the REQUEST is served shall serve a written RESPONSE which shall state, that inspection or other requested action will be permitted as requested, and he shall thereafter comply with the REQUEST, except only to the extent that he makes objections in writing to particular…