United Business MacHine, Inc. v. Southwestern Bell Media, Inc.

I dissent. Submission on written motions is no substitute for an oral hearing when the trial court is considering death penalty sanctions. When a party requests a hearing on a motion for sanctions, the rules require that the trial court conduct a hearing. The procedure for imposing sanctions are limited by the rules and by constitutional due process. TransAmerican Natural Gas Corp. v. Powell, 811 S.W.2d 913, 916 (1991); see also Braden v. Dow-ney, 811 S.W.2d 922, 922 (1991).

Before striking pleadings or rendering a default judgment, the court must give the party an opportunity to be heard.…